Policies

Research Foundation Child Protection Policy

Policy Purpose

To set forth the commitment and compliance of Farmingdale State College to the principles of the Research Foundation for (RF) the State University of New York (SUNY) Child Protection Policy.

Persons Affected

Faculty, Staff, Students, Third-Parties

Policy Statement

Individuals employed by the Research Foundation or who support RF programs and activities must act appropriately with and ensure the safety of Children who participate in those programs. All Covered RF Representatives engaged in Covered RF Activities must comply with the requirements set forth in the State University of New York (SUNY) Child Protection Policy and the SUNY Policy on Mandatory Reporting and Prevention of Child Sexual Abuse and the additional requirements in this Policy set forth below. This Policy will clearly identify the duties and responsibilities of RF Representatives who support Covered RF Activities and define internal mechanisms to be followed. This policy is not applicable to university on-campus child care centers, which are subject to regulations, including by New York State’s Office of Children and Family Services.

Individuals covered under this policy (“Covered RF Representatives”) include RF employees (including RF employees under staffing services agreements), SUNY employees, and volunteers who are responsible for the custody, control, or supervision of Children participating in Covered RF Activities, or are otherwise responsible for such programs (e.g. Principal Investigators or Project Directors).

Where this policy conflicts with state law, regulation, or SUNY Policy: state law, regulations, or SUNY Policy will prevail when the law, regulation, or SUNY Policy is more protective of Children or requires a higher standard of care of Children. Stricter standards outlined in this policy that are above any legal requirement or applicable SUNY policy must be adhered to.

Research involving children is subject to additional regulatory requirements. See 45 CFR 46 Subpart D, Additional Protections for Children Involved as Subjects in Research and also NIH Policy 3014-402 - Research Involving Children.

Procedures

These procedures have been developed in accordance with the RF Child Protection Policy and apply to any Covered RF Activity; a program or activity sponsored or approved by the Research Foundation for the State University of New York, including work through which the RF is involved through staffing services agreements, occurring on or off a SUNY campus, for the duration of which the responsibility for custody, control and supervision of children is vested in the RF or SUNY. In accordance with the SUNY Child Protection Policy, the College has designated the Internal Control Officer and Compliance Coordinator as the Responsible University Official (RUO).

Requesting Activities

1. All employees of the College or College-affiliated organization, including RF employees, seeking to hold an event or activity involving children must complete the Request to Conduct Programs/Activities Involving Children, at least thirty (30) days prior to the event or activity.
2. The RUO will review the activity to determine if it qualifies as a Covered RF Activity under the RF Child Protection Policy. If it does not qualify as such, the RUO will notify the event coordinator.
3. If the activity does qualify as a Covered RF Activity, the RUO will determine whether or not the activity will be approved and notify the event coordinator.
4. If the activity is denied, the event coordinator may appeal the decision to the Vice President for Administration and Finance.
5. Once a Covered RF Activity has been approved, the event coordinator must coordinate with the RUO to ensure:
   1. All Covered RF Employees are identified.
   2. Requirements of the SUNY and RF Child Protection policies are communicated to all Covered RF Employees.
   3. Sex offender checks are conducted in accordance with the RF Child Protection Policy for all Covered RF Employees.
6. In accordance with the RF Child Protection Policy, the College has designated the RUO with:
   1. Ensuring criminal background checks are obtained in accordance with the RF Child Protection Policy
   2. Ensuring driving records are checked for Covered RF Employees in accordance with the RF Child Protection Policy
   3. Retaining documents related to background checks required by the RF Child Protection Policy
7. No Covered RF Employee may participate in the Covered RF Activity until they have been cleared through the sex offender registry, criminal background check, and driving record check, if applicable. In the event that a Covered RF Employee expresses concern or unwillingness to be checked, they shall not be allowed to participate in the Covered RF Activity.
8. All Covered RF Employees, as defined below, will be required to participate in training on the SUNY Child Protection Policy prior to the commencement of a Covered RF Activity.
9. Covered RF Employees must complete an Acknowledgement of the relevant Child Protection Policies and Training form prior to the commencement of a Covered RF Activity.
10. Covered RF Employees must disclose to the PI any existing relationships (e.g. family, friends, friends of family) with a child involved in the Covered RF Activity.
11. All Covered RF Employees will be provided an identification that clearly identify the individual as a Covered Person for the specific Covered RF Activity. This identification must be worn throughout the duration of the activity. Covered RF Employee identification must be event–specific and include the following:
    1. Event Name
    2. Date or Date Range
    3. Covered RF Employee Name
    4. Covered RF Employee Photo
    5. Covered RF Employee Role
12. During the activity, all Covered RF Employees must conduct themselves in accordance with the rules stipulated in the SUNY and RF Child Protection Policies. This shall include, but is not limited to, avoiding one-on-one contact with a child (except where permitted by the College and required for pedagogical or health-related reasons), engaging in physical or sexual abuse, using alcohol, marijuana, or illegal drugs during the event, facilitating a child’s usage of alcohol or illegal drugs, and immediately removing a child from potential physical or sexual abuse.

Reporting

1. All RF employees must contact law enforcement immediately to report:
   1. any instances of Child Physical or Sexual Abuse, or any reasonable suspicion that such Abuse is occurring or has occurred;
   2. any ongoing assault or other immediate danger to a Child; or
   3. if there is reason to believe a crime has been committed during a Covered Activity.
2. Notify the Principal Investigator (PI) and RUO of any allegations of physical abuse or sexual abuse or any issues that may arise during the course of the Covered RF Activity.
3. All allegations of suspected physical abuse or sexual abuse are investigated and addressed appropriately and promptly.
4. Retaliation against anyone who has made a report in good faith under this process is strictly prohibited. Any allegations of retaliation should be reported to Human Resources which will conduct an investigation in accordance with its policies and procedures.
5. Covered RF Employees must disclose to the PI if they get arrested or are convicted of a crime as soon as practicable but no later than within two weeks.
6. The PI must report immediately to 1) the campus Operations Manager (“OM”) or Deputy OM and 2) the RF Office of General Counsel or RF Central Office of Human Resources:
7. if notified or aware that a Covered RF Representative has been arrested or convicted of a crime; or
8. if notified of or aware of any problems or issues with a Covered Program related to this policy, or any known or suspected violations of this policy.

Related Documents

SUNY Child Protection Guidance

SUNY policy 6505 Child Protection Policy

Policy for Mandatory Reporting and Prevention of Sexual Abuse

SUNY policy 6504 Policy for Mandatory Reporting and Prevention of Sexual Abuse

Request to Conduct Programs/Activities Involving Children

RF Child Protection Policy

Responsible Office

Research Administration

Policy History

Effective Date: