Compliance and Ethics
Compliance and Ethics
A variety of policies and procedures govern how matters are handled at The University of Southern Mississippi.
Institutional Policies
For other policies which are not applicable to the entire institution, please see individual department and unit websites. Please note the policies listed below will be accessed through USM's PolicyStat policy management system.The Americans with Disabilities Act (ADA) was enacted in 1990 to address discrimination against persons with disabilities. Title II of the ADA provides that no individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, program, or activities of a public entity, or be subjected to discrimination by any such entity. The Department of Education, Office for Civil Rights (OCR) has primary responsibility for investigating Title II complaints. Title III of the ADA prohibits discrimination on the basis of disability in public accommodations, such as schools, operated by private entities. The Civil Rights Division has primary responsibility for enforcing Title III as it relates to education.
Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion, the denial of benefits, and discrimination by reason of disability in programs or activities receiving federal funds. OCR has primary responsibility for enforcing Section 504's provisions with respect to recipients of federal education funds.
The Office for Disability Accommodations (ODA) is Southern Miss's designated office to verify students' eligibility for accommodations under the Americans with Disabilities Act (ADA). ODA works with eligible students on an individual basis in developing and coordinating plans for the provision of reasonable accommodations that are specific to their disabilities.
In accordance with the Rehabilitation Act of 1973 and the American with Disabilities Act (1990), Southern Mississippi is committed to providing equal access for persons with disabilities and prohibits discrimination on the basis of disability in the admission or access
to,
or treatment or employment in programs or activities. ODA interacts with all offices and departments on campus to ensure that students with disabilities have full access to, and participation in, university activities. ODA strives to create a positive campus environment where students with disabilities are encouraged to pursue careers on the basis of personal interest and ability.
Procedures for Acquiring Accommodations
ADA Homepage
Students with Disabilities Preparing for Post-Secondary Education: Know Your Rights
and Responsibilities - U.S. Dept. of Education
Americans with Disabilities Act information - Catholic University
The basic purpose of FERPA is to protect the privacy of students and to ensure that students have access to their own records.
FERPA defines a “student” as any individual who is or has been in attendance at an educational institution and regarding whom the institution maintains educational records.
“Educational records” are defined as those records that are directly related to the student and maintained by the University or by a party acting on behalf of the University. The term record includes, but is not limited to, grade reports, transcripts, personally identifiable information, and most disciplinary records. The term record does not include records maintained by a law enforcement unit within an educational institution that was created by the unit for the purpose of law enforcement or records maintained by a physician, psychiatrist, psychologist, or other recognized professional maintained in connection with the treatment rendered to a student.
“Educational Records” do not include directory information relating to a student. “Directory Information” means information contained in an educational record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. The University has designated certain items as Directory Information that is subject to disclosure in accordance with FERPA. See www.usm.edu/registrar/directory-information.
“Disclosure”, under the law, is defined as permitting access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means.
Staff and Faculty at the University must be aware of the protected status of student information. As a general rule, information related to students must not be disclosed or provided by University employees to a third party unless the student consents to the release or FERPA specifically permits the release of the information without consent.
The University’s FERPA Compliance Policy may be accessed in the Policystat policy management system by clicking on the following link and then searching for the FERPA policy:
Access the PolicyStat System at https://usm.policystat.com/
RIGHTS UNDER FERPA
FERPA affords individuals the opportunity to challenge or amend his/her educational record if inaccurate, misleading, or in violation of privacy or other rights of the student. The student may submit a written request to the Registrar’s Office that the record be amended or that FERPA violation to be investigated. The written request should include the justification for the challenge or the specifics relating to the alleged FERPA violation. The University Registrar’s Office is located in Kennard-Washington Hall, Room 110.
Within sixty (60) days of receipt of the written request, the University will inform the student as to whether the record will be amended or the finding relating to the alleged FERPA violation.
If the decision on the student request or report of FERPA violation is negative, the student may submit a written request for a hearing and challenge the decision of the University relating to the record or alleged FERPA violation. The hearing committee will inform the student of the date, place and time of the hearing.
Questions about the policies and procedures relating to the University’s “Policy on Student Records” or about the Family Educational Rights to Privacy Act of 1974 should be directed to:
Greg PierceUniversity Registrar The University of Southern Mississippi 118 College Drive #5006 Hattiesburg, MS 39406-0001 Telephone Number: (601) 266-5006 Greg.PierceFREEMississippi
Individuals have the right to file a complaint with the U. S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy and Compliance Office U. S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-4605
Related Links:
http://www.usm.edu/registrar/southern-miss-and-ferpa-compliance-policy.php
http://www.usm.edu/registrar/directory-information.php
http://www.usm.edu/registrar/protecting-personal-information-and-education-records.php
http://www.usm.edu/registrar/release-information-parents-students.php
http://www2.ed.gov/policy/gen/guid/fpco/index.html
Are there any federal laws relating to student records?
What is the definition of a student’s educational record under FERPA?
What documents are not considered to be part of a student’s educational record?
When is a student’s consent not necessary before disclosing his or her educational
record to a third party?
How may a student give consent to the release of his or her educational record to
a third party?
May a faculty member discuss a student’s grades and academic progress with a student’s
parent?
What should a faculty member do if a student asks for a reference to be provided
to an employer or to another institution?
What is the process for disclosing a student’s own education records to the student?
What is the process for disclosing education records to others?
What is the process for disclosing education records pursuant to a subpoena or court
order?
What recordkeeping requirements exist for requests and disclosures under FERPA?
Does FERPA protect the education records of former students?
Does FERPA protect the education records of deceased students?
What is the time frame for responding to a request for education records under FERPA?
May the University charge a fee for providing copies of education records?
May students give valid consent using an electronic signature?
What is directory information that may be released without consent?
What is directory information for a student who has left the University?
May a student request that directory information not be disclosed?
May the University release records relating to work study students?
Other than access, do students have other rights regarding their education records?
Are there any federal laws relating to student records?
Yes. The Family Educational Rights and Privacy Act ("FERPA") of 1974, a federal statute,
establishes rules and regulations regarding access to and disclosure of a student’s
educational record.
What is the definition of a student’s educational record under FERPA?
FERPA defines a student educational record to include all records maintained by the
institution that directly relate to a current or former student. FERPA's broad definition
includes any information recorded in any way including, but not limited to, handwriting,
print, computer media, video or audio tape, film, microfilm, and microfiche.
What documents are not considered to be part of a student’s educational record?
Documents that are not considered student records would include:
When is a student’s consent not necessary before disclosing his or her educational
record to a third party?
Prior consent is not required to disclose information to the following:
How may a student give consent to the release of his or her educational record to
a third Party?
Students may consent through an online form available on the Registrar’s website and
designated as "Parent/Authorized User Portal".
The following link shows screenshots of what is seen in the portal. http://www.usm.edu/sites/default/files/groups/office-registrar/pdf/ferpa_parent_portal_documentation.pdf.
By completing such an authorization, the student grants the third party (which could be their parent), access fo the following academic and financial records and said access can be removed at any time:
By completing and submitting this form, a student gives permission for educational records and information to be disclosed to a parent, guardian, or other designated individual(s). Request for information should be directed to the relevant department, such as the Registrar’s Office, the Business Services Office, or the Office of Financial Aid.
In addition to accessing the Registrar’s website in the manner described above, a “Student Consent for Release of Education Records” may be downloaded here.
May a faculty member discuss a student’s grades and academic progress with a student’s
parent?
Generally, a parent is not automatically entitled to obtain access to a child’s educational
records. The rights that a parent had in the elementary and secondary school context
are automatically transferred to a student once that student turns eighteen years
of age or is attending a postsecondary educational institution.
An educational institution may exercise its own discretion and provide access to a parent of a college student if the child is a “dependent” under the Internal Revenue Code; however, an institution is not required to disclose information from the student’s educational record to the parents of a dependent student. To avoid determining dependency, it is usually easier for the student to complete a consent form authorizing the release of this information to a parent.
What should a faculty member do if a student asks for a reference to be provided to
an employer or to another institution?
What is the process for disclosing a student’s own education records to the student?
You should review the student’s files to identify information that the student is
not entitled to receive and remove that information prior to releasing the records
to the student.
In addition to containing records and information relating to the requesting student, some educational records contain personally identifiable information relating to other students. Information relating to other students should be redacted or removed prior to releasing the records.
What is the process for disclosing education records to others?
Initially, you should determine if the requesting party may access the records either
because the student has given his written consent or because consent is not necessary
due to one of the limited circumstances described above. Upon a determination that
release is appropriate, you should review the file for information which the requester
is not entitled to receive and remove that information from the file. You should disclose
the education records on the condition that the requester may not re-disclose the
information to someone else without the written consent of the student. Finally, you
should comply with all recordkeeping requirements for requests and disclosures. If
you are not satisfied that you are familiar with the requirements of FERPA as such
relates to the disclosure of educational records to others, you are encouraged to
contact the Office of General Counsel for discussion and guidance before releasing
such records.
What is the process for disclosing education records pursuant to a subpoena or court
order?
After receiving a subpoena or court order for education records, record the time and
manner of service (mail, personal service, or another manner) on the document. After
gathering information responsive to the subpoena or order that is within your control,
review the material and remove information that the requester is not entitled to receive.
Thereafter, forward the subpoena or order together with responsive material to the
Office of General Counsel via secure means (not via email). The Office of General
Counsel will notify the student of the subpoena or order, unless the subpoena directs
otherwise, and afford the student sufficient time to go to court and contest the subpoena.
You should comply with all recordkeeping requirements concerning requests and disclosures.
What recordkeeping requirements exist for requests and disclosures under FERPA?
FERPA requires that an educational institution maintain a record of each request for
access to and each disclosure of personally identifiable information from the educational
record of each student. The record, which should be maintained with the education
records of the student, should include the parties who requested or received personally
identifiable information from the education records and the legitimate interests the
parties had in requesting or obtaining the information. These recordkeeping requirements
do not apply when the request was from or the disclosure was to the following individuals:
a parent or student, a school official with a legitimate educational interest, a third
party with written consent from the student, court orders or subpoenas, or a party
seeking directory information.
Does FERPA protect the education records of former students?
Yes. FERPA protects the education records of former students.
Does FERPA protect the education records of deceased students?
No. You may, however, require that the person requesting the deceased student’s records
provide documentary proof that the student is, in fact, deceased.
What is the time frame for responding to a request for education records under FERPA?
FERPA does not provide a specific time period for responding to a request; however,
you should promptly respond to the request. However, if the information is sought
through a subpoena, the University must provide the subject of the record sought sufficient
time to contest the subpoena prior to releasing any information. If the release of
educational records of a student is sought by means of a subpoena or court order,
the request should be forwarded to the Office of General Counsel for review.
May the University charge a fee for providing copies of education records?
The University may charge a fee for copies but not for employee time to search for
or to retrieve the education records.
May students give valid consent using an electronic signature?
The Department of Education has now recognized that educational institutions have
moved into the digital age by amending its regulation implementing FERPA. No specific
form of electronic signature is required. A signed and dated consent under FERPA now
may include a record and signature in electronic form that (1) identifies and authenticates
a particular person as the source of the consent; and (2) indicates the person’s approval
of the information contained in the electronic consent.
What is directory information that may be released without consent?
Directory information may include the following: the student’s name, address, telephone
listing, electronic mail address, photograph, major field of study, classification,
enrollment status, dates of attendance, participation in officially recognized activities
and sports, weight and height of members of athletic teams, degrees and awards received,
and the most recent previous educational agency or institution attended by the student.
Each institution making public this information is required to give annual notice
to its current students of the categories of information which it has designated as
directory information. For the University’s most current designation of directory
information and related information, please see http://www.usm.edu/registrar/directory-information.
What is directory information for a student who has left the University?
FERPA allows an institution to disclose directory information (as it is defined when
the request for the information is made) about former students without going through
the notification process for those former students.
May a student request that directory information not be disclosed?
Yes. A student may request that a school withhold his information by completing the
appropriate form. The form is available in the registrar's office.
May the University release records relating to work study students?
Records relating to work study students are considered educational records protected
by FERPA.
Other than access, do students have other rights regarding their education records?
Students have a right to challenge the content of their records and seek amendment
of these records if they feel the records are inaccurate, misleading, or otherwise
in violation of the student's privacy rights. If they are dissatisfied with the results
of their challenge, a student may request a hearing. After a hearing, if the educational
institution decides that the information is inaccurate, misleading or in violation
of a student’s privacy rights, the educational institution shall amend the record
accordingly and inform the student of the amendment. If the educational institution
decides that the information is not inaccurate, misleading, or otherwise in violation
of the privacy rights of the student, it shall inform the student of the right to
place a statement in the record commenting on the contested information in the record
and stating why he disagrees with the decision. Students may not use this process
to challenge a grade (except for clerical errors). Students also have the right to
file a complaint with the U.S. Department of Education if they believe their rights
under FERPA have been violated.
U.S. Department of Education HEOA
A President's Checklist - NAICU (PDF)
Department of Education August 13, 2008, Dear Colleague Letter
Section 807 of the Policies and By-laws of the IHL Board authorizes the institutions to develop intellectual properties and to participate in the income derived therein.
Intellectual property means any patentable materials, copyrighted materials, trademarks, software, and trade secrets, whether or not formal protection is sought. Each institution is hereby directed to develop policies consistent with Section 807 for the management of its unique intellectual properties in each institution’s unique environment.
Questions about the University intellectual property policies should be directed to the University’s Office of Technology Development.
The University of Southern Mississippi is dedicated to the welfare and safety of all Minors who visit our campuses to participate in University-related programs or activities or any other event involving minors on the University campuses. To that end, in January of 2015, the University adopted a Minors on Campus policy. The objective of this policy is to promote a safe environment for minors by fostering a University culture that is committed to preventing, recognizing, reporting, and addressing child abuse and child sexual abuse. The University’s Minors on Campus policy does the following:
Prohibits one-on-one contact with minors;
Informs all University employees of their Duty To Report suspected neglect or abuse
of a child
Outlines a Code of Conduct for individuals who work in camps/programs;
Sets forth the duties of University units that sponsor a program/camp and sets staff
to participant ratios;
Mandates training for program staff annually;
Sets Rules of Conduct for programs/camps;
Provides additional guidance for residential camps;
Requires background checks for individuals who work in programs/camps;
Provides guidance to non-university entities that use our facilities for programs/camps.
UNIVERSITY POLICY
If you offer, sponsor, or approve programs or activities involving minors, please
review the University’s Minors on Campus policy here.
DUTY TO REPORT
All University employees have a duty to report any suspected neglect or abuse of a
minor.
All University employees have a duty to report any suspected neglect or abuse of a
minor. If any person has reason to suspect that a Minor has been subject to neglect
or abuse, he or she must immediately do the following:
Inform the University Police Department (Hattiesburg:601-266-4986; Gulf Coast: 228-234-2068
or other appropriate law enforcement agency, and if the suspected assault or abuse
presents an imminent danger to a Minor, contact should occur immediately; Report the
activity to the Mississippi Department of Human Services by calling the Abuse hotline
800-222-8000 and provide a written report to the Department of Human Services as soon
thereafter as possible. See Miss. Code Ann. § 43-353;and If the Minor is a participant
in a Program, notify the Title IX Coordinator 601-266-4466 or designee as well as
the Program Director. If, however, the Program Director may be involved in the suspected
assault or abuse, only report the suspected assault or abuse directly to the University’s
Title IX Coordinator or designee.
PROGRAMS/CAMPS DIRECTED BY NON-UNIVERSITY ENTITIES
For questions relative to the use of University facilities by non-university affiliated
entities, please contact Event and Conference Services at 601-266-5292.Non-university
organizations that wish to operate programs or activities involving minors on Southern
Miss campuses must ensure their programs are operated consistent with the guidelines
of the Minors on Campus policy. All contracts for the use of University facilities
by non-university organizations for programs involving minors shall reference this
requirement and provide a link to the policy.
Non-university organizations using University facilities for programs/camps involving minors shall be required to deliver the following before authorization of use of University facilities may be given:
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;
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 the Minors on Campus policy, including all provisions concerning training, staff to participant ratios, and background checks of all authorized adults;
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
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. Due to the nature of some events, the University reserves the right to require additional limits of liability coverage.
Non-university entities using University facilities for programs/camps involving minors are required to certify that they have provided training comparable to that required under this policy to their Program Staff.
REQUIREMENTS
For University operated programs, each Authorized Adult/Program Staff member who will be participating in a program covered by the Minors on Campus policy is required to do the following:
1. ANNUAL TRAINING
Complete the Compliance and Ethics module entitled Child Abuse Awareness: Minors
on Campus Training Attend annual mandatory training* provided by the Responsible Unit/Program
Director which will cover such things as: procedures under the policy appropriate
crisis/emergency responses how to report suspected child abuse, etc.
SUPPLEMENTAL TRAINING RESOURCES-
Handouts on child sexual abuse are available for use in this training as listed below:
Preventing Child Sexual Abuse
What is Child Abuse and Neglect
Code of Conduct for Authorized Adults/Program Staff
Email compliance@usm.eduto request these resources.
2. REVIEW
Read the Minors on Campus policy,
Sign an Acknowledgement of Understanding: University Minors on Campus Policy certifying that you have read and understand the policy, and provide the signed Acknowledgment to the Program Director.
*This training must be approved by the Director of Compliance and Ethics. To do so, Program Directors must complete the Training Approval Form for Minors on Campus and submit it to the Director of Compliance and Ethics at paul.walters@usm.edu.
3. FORMS
Employment Related Forms
To comply with the Minors on Campus Policy, each of the following must be completed:
Annual Background Check-Background Check Information/Form- HR (*see number 4 below for additional information)
Acknowledgment Form-Acknowledgment form must be signed Volunteer Form (if you are volunteering, instead of being employed)-[see HR website for this form]
Camper Related Forms (which are available upon request)
The following forms may need to be filled out:
Waiver of Consent for Medical Treatment Self-Administration of Prescription Medication and
Over-the-Counter Medication and Medication Administration Record.
Please email compliance@usm.edu to obtain access to the forms or call 601-266-4466.*-
If you need a Travel and Off-site Activity Release, please contact our office as these are drafted on a case-by-case basis.
4. BACKGROUND CHECK
Each Authorized Adult/Program Staff member (whether paid, unpaid, affiliated with the University or not) who will be participating in a program covered by the Minors on Campus policy is required to have a criminal background check on file: these background checks must be completed on an annual basis-email to obtain a copy of a letter from HR. The Program Director is responsible for coordinating the background checks with the Department of Human Resources through HR point of contact Moriah Rouse. To ensure more efficient processing of background checks, the following steps are suggested:An email notice will be sent to the Program Director indicating the name of each Authorized Adult/Program Staff that has been cleared to work with minors. Authorized Adults/Program Staff may not begin working with the Program until the background check has been completed and they have been cleared to begin by the Department of Human Resources.
It is suggested that the background check forms be submitted to the Department of Human Resources at least one month prior to the beginning of the program or camp. Keep in mind that summer is the busiest time for programs with minors, so submit the forms for your program staff EARLY!
If the facility is being used by another organization, they would need to fill out the Safety of Minors Addendum to Facility User Agreement (PDF)- See the section on PROGRAMS/CAMPS DIRECTED BY NON-UNIVERSITY ENTITIES
FREQUENTLY ASKED QUESTIONS (FAQ)
POLICY RATIONALE
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
APPLICABILITY OF POLICY TO PROGRAMS
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:
APPLICABILITY OF POLICY TO CERTAIN SITUATIONS
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:
Events or performances on campus which are open to the general public (athletic competitions, plays, concerts);
Services provided by the University Student Health Services Clinic, the University Psychology Clinic, the University Speech-Language-Hearing Clinic, the Dubard School for Language Disorders, and the University Clinic for Family Therapy.
These entities will follow separate policies that comply with the principles of this policy, but reflect their unique activities;
Undergraduate and graduate academic programs in which minors are enrolled for academic credit;
Campus tours or visits by minors considered to be prospective students;
Non-residential field trips to campus supervised by a minor’s school or organization;
Off-campus clinical, practicum or student teaching experiences supervised by a third party entity;
Interaction with minors in the context of curricular, practical training supervised by University faculty;
Tutoring and mentoring by University students who are registered in recognized organizations (e.g. Big Brother/Big Sister), or are participating in community service activities sponsored by an administrative or academic unit of the University provided that such activities take place only in public settings (such as libraries and dining halls) during normal operating hours;
Private, personal events (e.g., birthday parties, weddings) that occur on campus;
Other programs as may be designated from time to time by the appropriate University official in advance and in writing as exempted from this policy.
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.
APPLICABILITY TO VOLUNTEERS
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.
APPLICABILITY TO SPEAKERS
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.
DROP-IN VISITS
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.
PRIVATE LESSONS
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.
E-MAIL COMMUNICATIONS
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.
REPORTING OBLIGATIONS
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.
TRAINING REQUIREMENTS- Who Needs Training
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 compliance@usm.edu 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 Workplace Answers and SafeSport at no cost.
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.
BACKGROUND CHECKS
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. See the memo from UPD and Human Resources.
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?
The Department of Human Resources oversees the processing of criminal background checks for University programs and activities.
EXTERNAL PROGRAMS OPERATING ON UNIVERSITY CAMPUS
We are an outside group not affiliated with the University that wants to hold a retreat on campus this summer.
What are we required to do in order to do so?
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.
ASSISTANCE WITH POLICY
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.
Mississippi law (Miss. Code Ann. § 25-61-1) requires that public entities, including The University of Southern Mississippi, provide access to or copies of public records in response to a written request. Public records include books, records, papers, accounts, letters, maps, photographs, etc. possessed by the University and used in conducting public business. The law requires a public entity that receives public records request to comply with a written request within one day of the receipt unless the governing body for that public entity has adopted a written policy extending the time for compliance for up to, but not to exceed, seven working days. The University follows IHL Policy 301.0804, which guarantees responses to public records requests within seven working days.
Despite the mandate for open disclosure of public records, there are a number of exceptions which would limit the disclosure. For example, academic records, personnel files, and trade secrets are exempt from disclosure.
The Chief Communications Officer has been designated as the Public Records Officer for the University. Therefore, all public records requests must be submitted to the Public Records Officer. Any person contacting a University department in person, via telephone, or via e-mail to request access to any University records should be advised that all requests must be submitted to the Public Records Officer. Under no circumstances should a department grant or deny any request for access to records.
In order to request public records from Southern Miss, all public records requests must be dated, signed by the requestor, and transmitted in one of the following ways to the University’s Public Records Officer:
a. personally delivered to the Office of University Communications, Hickman Hall
(4th floor) on the Hattiesburg campus;
b. mailed to The University of Southern Mississippi, Office of University Communications,
118 College Drive #5016, Hattiesburg, MS 39406-0001; or
c. emailed to the Office of University Communications at publicrecords@usm.edu.
Additionally, the request must identify the specific information sought and include the name of the requestor, the address of the requestor, and the current contact information of the requestor.
Requestors will be charged for the actual cost of searching for, reviewing and, if necessary, redacting exempt information from public records. Likewise, requestors will be charged for photocopies of requested documents as well as actual costs of mailing, including the cost of the shipping container. The University requires payment in advance via cash, check or money order, for all costs as noted above before providing copies or access to records.
Questions related to public records at The University of Southern Mississippi should be directed to the Office of General Counsel at 601.266.4466.
Related Resources
Mississippi Public Records Act
The policy requires the approval of the President and prohibits faculty members from engaging in a business or profession which would result in a conflict of interest as described in the policy. A copy of the completed form is filed and maintained by the Department of Human Resources.
Outside Consulting by Staff Employees -Retrieval No. 1007 of the University’s Employee Handbook also addresses the issue of outside consulting by staff employees. Pursuant to the policy, staff members who engage in consulting activities and who are paid a fee from an outside agency will be required to file an “Application for Permission to Engage in Outside Employment or Practice of Profession.” The application must be filed and approved prior to participating in the activity. All absences from work, during normal working hours, as a result of consulting, will be charged to the 12-month employee’s personal (vacation) leave. Employees who do not have sufficient accrued personal leave to cover the absence will be required to report as leave-of-absence without pay for the period of time used in consulting.
Staff Employees Teaching Classes-Retrieval No. 1007 of the University’s Employee Handbook also addresses the issue of staff employees teaching classes. The policy provides that staff employees who teach classes during their normal working hours and who receive additional compensation above their normal salary are required to charge such time to personal (vacation) leave. The policy places the responsibility upon the director to ensure the employee complies with this policy. In the event that the employee does not have sufficient accrued leave to cover the teaching time, the employee must report the time taken as leave without pay.
The Southern Miss Information Privacy Statement categorizes PII as Moderately Sensitive and Highly Sensitive.
Moderately Sensitive information is that information which is generally available publicly and/or information that may have been provided by the individual. This information is typically referred to as Directory Information. The following items are included in Moderately Sensitive/Directory Information and are subject to public disclosure in accordance with the Family Educational Rights and Privacy Act of 1974.
Individuals may choose to “opt out” and request the university not release Directory Information. However, the consequences of an opt-out request should be considered before doing so.
For example, if a student has opted out of Directory Information:
Highly Sensitive information is information that is not generally available publicly. This information may have been provided by you when you fill out a registration or other form. This information is generally stored and transmitted in encrypted format to minimize the possibility of unintended disclosure. This information in combination with Moderately Sensitive information can be used to specifically identify an individual and is never disclosed by the University without permission from the individual and/or a rigid agreement that extends the protection of the information from potential disclosure or an order from a court of competent jurisdiction. The following items are included in Highly Sensitive information:
1. Names and Numbers:
2. Unique biometric data
such as fingerprint, voiceprint, retina or iris image or other unique physical representation
3. Medical records
4. Telecommunication identifying information or bulk records (SOAR, SOARFIN, email)
5. Other number or information that can be used to access a person's financial resources
The Information Southern Miss Collects
When persons contact official Southern Miss components, certain client information may be collected. No information is collected unless it is deliberately provided by the individual (for example, by leaving their name and telephone number, by completing a University form, or by clicking a web-link to send Southern Miss an email). Examples of information persons might choose to give Southern Miss are listed below:
The Way We Use Information
As a general rule, Southern Miss maintains various types of records for individuals based on their association with the University. The University also analyzes aggregate information for resource management and planning purposes. Southern Miss reserves the right to use information details about individuals to investigate its resource management or security concerns.
Personally identifiable information is used to accurately compile, store and retrieve an individual's records; to place and track individuals appropriately for academic purposes, and to award academic degrees and honors; to properly employ individuals and compensate them for their work; to correctly diagnose and medically treat individuals; to respond appropriately (or in a personalized format) to individuals' requests for services; and to improve the University's services and products.
Under Mississippi's Public Records Law, most records in our possession are subject to inspection by or disclosure to members of the public upon their request. Information must be retained according to applicable federal and state laws and must be available for inspection, unless otherwise exempt from the public records law.
Southern Miss uses the information individuals provide about themselves or about someone else when placing a request for service only to complete that order or request. To enhance the educational experience the University does share this data with third parties, within the requirements of state and federal statutes, with the approval of the University President.
Southern Miss generally uses return addresses, telephone numbers, and email addresses only to answer the communications received. Such addresses are generally not used for any other purpose and by University and state policy is not shared with outside parties, except in accordance with Public Record Laws.
Commitment To Data Security
The University of Southern Miss is dedicated to preventing unauthorized information access, maintaining information accuracy, and ensuring the appropriate use of information. We strive to put in place appropriate physical, electronic and managerial safeguards to secure the information we collect in all formats: on paper, electronically and verbally. These security practices are consistent with the policies of the University and with the laws and regulatory practices of the state of Mississippi and multiple federal agencies.
Related Resources
iTech - http://www.usm.edu/itech
REQUESTING A NEW MACH FORM SITE:
Please complete the PII Mach Form Process listed below to verify your understanding of your responsibilities regarding PII data as they relate to the use of MachForm. Contact ITech at 601-266-HELP or enter a work order to obtain assistance if your group/organization does not have a site or if you are not sure if your group/organization has a MachForm site.
ADMINISTRATOR RESPONSIBILITIES
Before you add new administrators or users, please have them complete the PII Mach Form Process. All administrators are responsible for only assigning access to other individuals, rather than using one generic email address to allow staff to access a MachForm site. Complete the Mach Form Privacy Compliance form to obtain access to your MachForm site.
As of 6/16, use of generic email accounts to access MachForm will be discontinued.
USER RESPONSIBILITIES: PII MACHFORM PROCESS
As an account holder with access to the MachForm software, you are responsible for the proper handling of any data that you might collect. Student workers have the same responsibilities as other non-administrator account holders. Each user must review and complete the PII Mach Form Process listed below.
Each account holder must review the Important Information About Privacy and MachForm section of this page. Read the Information Privacy Statement policy and execute the MachForm Privacy Compliance form to confirm your understanding and acceptance of this policy. You will need the URL of the Mach Form site which you can obtain from the site Administrator.
If you do not know who the site Administrator for your group is, please contact iTech by calling 601-266-HELP or enter a work order.
NOTE: Regardless of the number of MachForm sites to which an individual obtains access, each individual only has to complete this process once.
IMPORTANT INFORMATION ABOUT PRIVACY AND MACHFORM:
SITUATION:
The University of Southern Mississippi ("USM") uses MachForm for the creation of forms by groups across campus. MachForm is not set up for the encrypted transmission or storage of private data or financial transactions, which is necessary to protect PII data.
PROHIBITION: Do not use MachForm to collect data personally identifiable information (PII).
WHAT IS PII? PII is considered sensitive information that can be used, either alone or in conjunction with other information (i.e. data combinations), to identify a specific individual. Examples of this sensitive information include:
Users of MachForm should not collect any of the following data combinations since MachForm is not encrypted to the degree necessary to protect the data being collected.
Combination #1: Name or emplID or email + Social security Number
Combination #2:Name or EmplID or email + driver’s license
Combination #3:Number/state ID number (name or emplID or email) +Alien registration
number (name or EmplID ID or email) + tax ID (name or emplID or email + passport number
Combination #4:Name or emplID or email + Medicaid Account
Combination #5:Number (name or emplID or email) + full birth date (month/year ok)
(name or emplID or email) + mother’s maiden name
Combination #6: Any bank account number (with or without a name)
Combination #7:Any credit card number (with or without a name)
Recommendations: Do not collect birthdates. Instead, use an age range identifier if possible. Only use the specific age is essential to program needs. If a department is using a form to collect information to coordinate birthday celebrations, the department should only collect individual birth months.
NOTE: Since budget strings do not include PII of a sensitive nature, you may collect them.
USM's PII POLICY:
Any forms built using MachForm that ask for any of the combinations listed above are in violation of the University’s Information Privacy Statement-Policy ACAF-IT-012.
Such forms compromise the individual’s privacy and expose the individual who created the form, their group/organization, and the University to litigation and federal enforcement action.
HOW TO COMPLY WITH USM's POLICY:
If you have any forms in existence that have collected data that falls within one
of the data combinations listed above, follow these steps:
ADDITIONAL CONSIDERATIONS:
Do not collect information related to any Federal program using MachForm.
Information related to a Federal Program must be protected from disclosure under The
Privacy Act of 1974 , 5 U.S.C. §552a (see "Routine Uses" section).
Since MachForm does not provide for comprehensive encryption, any information collected
using MachForm would not be protected from disclosure and using MachForm to collect
such data violates the level of protection applicable to such data under The Privacy Act of 1974 .
For additional information about The Privacy Act of 1974 , see the Overview of the Privacy Act of 1974 (2015 Edition).
QUESTIONS:
Please direct questions-
Political Activity- As noted in IHL Policy 801.11, participation by employees of the Mississippi institutions of higher learning in various community and public affairs is expected. However, it is also expected that time given to such activities will not interfere with the regular duties of an employee. Indeed, political activities by a University employee will not be prohibited at such times as the employee would not be ordinarily required to render services to the institution or if the employee elects to take and the University grants a leave of absence without pay.
With regard to political activity, University employees may do the following:
University employees may not do the following:
The following are some general guidelines with regard to political activities by University employees:
While employees are free to affix bumper stickers to their personal autos, no such stickers or displays may be attached to a University vehicle.
Related Resources
USM Employee Handbook, Retrieval No. 1007 Outside Employment or Consulting
IHL Policy § 801.11 Political Activities
USM Faculty Handbook § 7.6 Political Activities
Purpose:
The University developed a records retention policy to ensure access to past, present and future public records and preserve vital information generated by the University. This policy is designed for the following reasons:
to protect the corporate and institutional memory of the University’s activities by caring for University records from their creation through the preservation of other disposition;
to provide economy and efficiency by relieving the University’s offices and departments of the cost and burden of maintaining valueless records; and
to comply with the applicable federal law and state law, in particular, Miss. Code Ann. § 25-59-1 et seq., and the related rules and procedures of the Mississippi Department of Archives and History (MDAH) and the State Records Committee. Records should be retained, transferred, destroyed or otherwise disposed of as indicated on a records retention schedule.
A schedule for each University department shall identify all groups of records in an office or department and specify the length of time each type of University record shall be retained. The retention period for each record will reflect the legal, administrative, fiscal and historical value of the information in the record. Each record schedule shall be prepared by or submitted through the University libraries and submitted for approval through the State Records Committee and MDAH prior to implementation by the University department.
Additional Information:
For additional information, please review the Information on Records Retention page.
Questions: For questions about records specific to offices and departments that are not listed on the General Records Retention Schedules (or for any other questions), please contact Jessica Clark, Records Management Specialist:Phone: 601-266-5776; Email: j.m.clarkFREEMississippi