PART 1: AUTHORITY AND PURPOSE

1. Authority: Pursuant to RPM 16.00, the President delegates Environmental, Health, Safety and Risk Management as the unit responsible to implement and manage this policy and accompanying administrative procedures to promote an environment of safety for minors (persons under the age of 18).
2. Purpose: The intent of this policy is to establish requirements to assist those managing and sponsoring programs involving minors to provide a safe environment.

PART 2: KEY POLICY STATEMENTS

NMSU recognizes that the success of programs and activities to enhance learning and stimulate creativity in youth depends on making safety the highest priority. NMSU is committed to promoting the safety and well-being of minors.

1. Conduct: All individuals working with minors are expected to hold themselves to the highest standards of conduct. These individuals are responsible for managing programs in compliance with university policies, rules, and procedures intended to provide a safe environment for minors. All individuals working with minors must follow the Minors Safety Code of Conduct in addition to any program-specific requirements.
2. Responsible Parties: This policy applies to any Programs intended for minors as the primary participant (including but not limited to academic, sport, and recreational programs, 4H, conferences, volunteer experiences in laboratories or offices, internships, employment, and/or participating on research teams) and where:
   1. The sponsor is an academic or administrative unit in a college, school, department, office, organization, or other university unit, regardless of the Program’s location. This includes program’s conducted on University Property or under the authority of the University at an off-campus location.
   2. Staff are responsible for supervisory control of participants during the activity.
   3. The sponsor is a Recognized Student Organization regardless of location, on- or off-campus;
   4. The entity is a third-party hosting or conducting the Program on University property or utilizing university assets.
3. Exclusions: This policy does not apply to:
   1. Non-residential field trips to NMSU supervised by a minor’s school or organization that does not involve overnight lodging.
   2. campus tours, athletics recruiting and admissions recruiting programs.
   3. performances or events open to the public;
   4. activities tailored for students pursuing an NMSU degree to include dual-enrollment students, such as regularly scheduled classes or career fairs;
   5. IRB-approved University research that involves minors as human subjects is subject to this policy, unless the research activity is exempt from IRB oversight
   6. staff who engage with minors on or off campus in settings where minors are under the supervision, care and control of teachers, parents or other adult chaperones (persons 18 years or older) from the minors' school or organization;
   7. volunteers and student employees who:
      1. will not have unsupervised contact with minors;
      2. are under the direct supervision of a program staff member who has successfully completed a background check; and
      3. are not on the sex offender registry.
   8. guest presenters if program staff remain in the room.
4. Youth Programs: All NMSU youth programs, whether on- or off-campus, and third-party (non-university) youth programs utilizing NMSU facilities must meet the following requirements:
   1. Registration: Registration must be submitted by completing the required Minor Safety form 90 days before the planned start date. Upon completing the Minor Safety form, program administrators will receive a link to complete Form 2 which must be submitted 3-weeks before the start of the program. Registration is considered complete only upon the submission of Form 2. Program administrators may proceed with program activities once this form has been received. The Environmental Health, Safety & Risk Management office will contact the program administrator if further information or clarification is required. If 90 days have elapsed due to extenuating circumstances, an exception can be requested, see key processes below. Special requirements applicable to all youth programs and which require approval as part of the registration process are as follows:
      1. Overnight programs are prohibited for minors under age 11, unless a waiver is authorized.
      2. Department head or college dean and parent/guardian must have approval of a waiver for off-campus lodging arrangements.
      3. Clearance from the Office of Institutional Equity to conduct any youth program limited to a select group.
      4. Covered University-operated youth programs must implement and maintain appropriate health and safety measures to protect participants, including emergency preparedness, required training, adequate supervision, transportation and facility safety, and compliance with all mandatory reporting requirements.
      5. For units that regularly conduct Programs for minors on or off University Property (childcare centers and 4H) an annual exemption must be submitted to Environmental Health Safety & Risk Management for approval.
      6. A non-registered youth program is subject to cancellation by the university without advance notice.
   2. Background Checks and Training: All individuals or units organizing youth programs are responsible for ensuring that prior to allowing any individual to have direct contact or work with minors, they must complete and pass the following within the last two years and every two years subsequently:
      1. a criminal background check, including an annual check of the National Sex Offender Public Registry; and
      2. training on mandatory reporting of child abuse or neglect.
   3. University Members: NMSU staff, students, and volunteers must obtain written clearance from the NMSU Human Resource Services by completing and passing the university background check, which includes a check of the National Sex Offender Public Registry. The cost of the background check will be charged to the requesting unit(s).
   4. Third-Party (non-university) Requirements: Third-party programs using NMSU Property or assets cannot identify as being affiliated with NMSU in any form, including branding. As part of the verification process, relevant third-party representatives attest to their assurance of compliance with the following requirements:
      1. Compliance with D.2. above to include determining employment eligibility based on background check for individuals associated with their program and conduct required training for employees, agents or volunteers.
      2. Execute a facilities use/programs services agreement, through conference services, for use of any University Property, including but not limited to academic space, athletic facilities, housing accommodations, and dining facilities.
      3. Agree to maintain appropriate staffing and supervision ratios by age range in accordance with industry standards.
      4. Provide a valid liability insurance rider at the required levels and name NMSU as insured.
   5. Overnight Programs: NMSU will not sponsor overnight youth programs for minors under age 11 for on or off campus lodging. Youth programs must seek a waiver of this age restriction, as provided in this rule. Program staff and volunteers who serve as overnight chaperones must be 18 years old and at least 2 years older than the oldest participant. Chaperones who will stay with the participants in the on-campus lodging must be at a ratio of at least one adult chaperone for every ten (10) participants under 18 years of age.

      The use of off-campus lodging for youth programs must be indicated on the registration form and requires approval from the department head or dean. Parents must be informed and consent to the lodging arrangements for overnight programs.

5. Minors in Laboratories: A person under 18 years of age is not allowed in university laboratories or other areas where hazardous materials are present or hazardous activities take place, except if the minor has obtained written Consent and Assumption of Risk from their parent or guardian and:

   1. The minor is an NMSU employee.
   2. has been formally accepted as a volunteer worker;
   3. is enrolled in a University class with a laboratory component and has been trained in safe laboratory procedures;
   4. participating in a University-sponsored program; or
   5. is visiting for academic purposes.

   Minors in labs must be trained in safe laboratory procedures and always have adult supervision. The host department must maintain a copy of the parent/guardian Consent and Assumption of Risk form on file.

6. Enforcement and Violations: Youth programs may be periodically audited for compliance with this policy. Individuals may be subject to university sanctions commensurate with the seriousness of any policy violations and may also be subject to criminal charges for legal violations.
7. Mandatory Reporting: Reporting known or suspected child abuse or neglect is mandatory under state law. Individuals who fail to report, as required, may face criminal penalties.
8. Program Procedures: Program Sponsors, units that serve other departments and third parties in facilitating programs (e.g., Global Online, Continuing Education, Intercollegiate Athletics, etc.) may develop supplemental procedures with additional or more stringent requirements for their program staff.

PART 3: KEY PROCESS ELEMENTS

Key procedural steps are provided in this section to facilitate the administration and enforcement of this policy. Accompanying administrative procedures are provided here.

1. 1. Registration: Registration must be submitted by completing the required Minor Safety form 90 days before the planned start date. Upon completing the Minor Safety form, program administrators will receive Form 2 which must be submitted 3-weeks before the start of the program. Registration is considered complete only upon submission of Form 2.
   2. Waiver: A written waiver request must be submitted to Environmental Health Safety & Risk Management when one or more of the following is met:
      1. The program is requesting an exemption to the 90-day registration requirement.
      2. A minor who is under the age of 11 who wishes to participate in an overnight program
      3. A minor wishes to participate in off-campus lodging.
      4. For units that regularly conduct Programs for minors on or off University Property (childcare centers and 4H) please contact Environmental Health, Safety & Risk Management for further evaluation.
   3. Background Check Requests:. A Sensitive Duties form must be submitted through the TDX system via an EPAF Hires (Temporary & Student Employment) ticket. HRS will initiate the background check process by sending an email directly to the candidate via HireRight. The candidate will then be responsible for entering their personal information directly into the HireRight system to complete the background check. HRS will notify the Program administrator once each individual is cleared or denied. Communication will be via email with a copy to EHS&RM. Third-party programs must meet the requirements of D.2. above and complete the third-party registration process.
   4. Training: NMSU individuals must complete the required annual online Sponsored Youth Programs training. The Sponsored Youth Programs training instructions can be found here. Third-party programs must complete training on their own and submit written verification through the registration form.
   5. Minors in Labs: Parents of persons under the age of 18 must complete a parent-informed consent and assumption of risk form, which can be found here. EHS&RM assesses the specific training needs based on lab responsibilities. The department sends an email to ehsrm@nmsu.edu for evaluation and determination regarding the required safety training prior to the minor working in the lab.
   6. Mandatory Reporting: All NMSU employees, students, and volunteers are required to report to the local police department any known or suspected physical or sexual abuse or neglect of a minor. This includes minors participating in university-sponsored programs held on or off university property; enrolled in undergraduate and graduate academic programs at the university; or participating in programs operated by a third-party on University Property. Violation of law or policy should be reported in good faith.
      1. Criminal: A crime, emergency, or imminent threat to health or safety dial 9-1-1.
      2. Non-emergency: Contact University Police by dialing 575-646-3311.
      3. Employees, Affiliate, Students, Third Parties, or Visitors: Violations report to Environmental, Health, Safety, and Risk Management via mail at  ehsrm@nmsu.edu .
      4. Discrimination: Discriminatory acts must be reported to the Office of Institutional Equity (OIE)  by phone at 575-646-3635, incident report  here , or email  equity@nmsu.edu .
      5.  Online Report: Individuals may report any violation of policy in good faith through the  EthicsPoint  system.

PART 4: DEFINITIONS

1. Direct Contact: Direct Contact includes, but is not limited to: Care, custody, and/control of the minor; frequent or sustained contact; interactions with the intent to develop a mentoring relationship between an individual and minor(s).
2. Overnight Programs: An overnight program is defined as any youth program that includes one or more periods of more than 16 hours in which the minor participants are not returned to the physical custody of their parent or legal guardian.
3. Program: Planned event or series of events, activities, or educational experiences intended for minors as the primary participant. This includes but is not limited to academic, sport and recreational programs, 4H, conferences, volunteer experiences in laboratories or offices, internships, employment, and/or participating on research teams.
4. University Property: Facilities or assets owned by New Mexico State University.
5. Volunteer: A person who freely takes part in a youth program, or a youth program task, without receiving monetary compensation.
6. Youth Programs: A program or activity for non-student minors organized by NMSU or third-party entities utilizing NMSU facilities.