Protection of Minors on Campus Policy

I. Purpose

The University of North Carolina Asheville (“UNC Asheville” or “University”) is committed to providing a welcoming environment and meaningful experiences for Minors participating in University-Sponsored or -Affiliated activities, programs, and events, both on- and off-campus, and in a manner that aligns with the University’s mission, values, and community standards. The purpose of this Policy is to take affirmative steps to safeguard Minors while visiting the UNC Asheville campus, attending University-Sponsored or -Affiliated Programs and Activities, or participating in non-University-Run Programs and Activities that utilize University Property.

All members of the University Community should be familiar with and comply with the provisions of this Policy, related Guidelines, and applicable procedures. This Policy and related procedures apply to any program, activity, or event involving Minors conducted on University property, at a University facility, or under the authority or control of the University at another location or virtually. Additionally, non-University organizations that have been approved by the Title IX Office to operate a Covered Program must adhere to this Policy and associated procedures.

II. Scope and Application

This Policy and applicable procedures apply to all members of the University community, including students, faculty, staff, and volunteers who participate in University-Sponsored or -Affiliated Programs or Activities on- or off-campus. This Policy also establishes requirements for non-University organizations and entities that operate Programs or Activities involving Minors on University Property, and University agreements with such organizations and entities shall reflect those requirements. The Guidelines to this Policy set forth specific requirements and procedures and may be updated periodically to reflect changes in legal statutes and best practices.

The reporting requirements in Section VI. do not supersede or exempt individuals from other University or legal reporting obligations, including the requirement to report prohibited conduct to the University’s Office of Institutional Integrity and Access or the Title IX Office.

III. Definitions

Background Screening. The process by which an individual’s information and background is verified and confirmed to help determine whether they are suited to work with Minors in a Covered Program. Background Screening for Covered Program Staff may include undergoing all or some of the following measures as outlined in this Policy: Background check, U.S. Center for SafeSport Disciplinary Database cross-check, and cross-check of University disciplinary records.

Child Abuse and Neglect. Child Abuse is the infliction of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment on a person under the age 18. Sexual abuse includes engaging in or attempting to engage in a sexual act or sexual contact with a minor, causing or attempting to cause a minor to engage in sexually explicit conduct, or exposing the minor to sexually explicit conduct. Neglect is the failure to give children the necessary care they need. Neglect includes the failure to make reasonable efforts to prevent the infliction of abuse upon a person under age 18.

For specific definitions of what conduct meets the definition of child abuse or neglect, see North Carolina General Statutes (N.C.G.S.) §7B-101.

Covered Program. Any in-person or virtual program or activity, in which the care, custody, and/or supervision of one or more Minors (other than Minors who are Employees or Students) is reasonably expected to be the responsibility of one or more Covered Program Staff, including University Employees, Students, Volunteers, and/or Third-Party staff acting on behalf of or pursuant to a contract with the University, and is:

1. Conducted by the University, whether located on University property, or elsewhere; or
2. Conducted by a non-University individual, organization, or entity on University property.

Covered Program Administrator. An individual, division, department, recognized student organization, program, or Third Party that operates a Covered Program.

Covered Program Staff. Any individual, 18 years or older, reasonably expected to work with, supervise, instruct, or otherwise come into Direct Contact or Virtual Contact with Minors in a Covered Program. Invited guest speakers, guest lecturers, or guest instructors whose interaction with a Minor is limited and only in the presence of a Covered Program Staff, are not considered to be Covered Program Staff under this Policy.

Direct Contact. Contact that is reasonably expected to entail care, custody, guidance, control and/or supervision of Minors in individual or group settings.

Employee. Any person employed by UNC Asheville, permanent or temporary employees (SHRA staff, EHRA staff, and EHRA faculty) and student workers.

Enrolled Student. Any individual enrolled at UNC Asheville, regardless of age.

Minor. Any person who is younger than 18 years of age, who is not an enrolled or matriculated student of the University, and is participating in a Covered Program. Certain portions of this Policy refer to “Minors” as a general class of persons under the age of 18.

UNC Asheville undergraduate students who are 16 or 17 years old are treated by this Policy similarly to all other students for purposes of their interactions with Minors in University-Run or -Affiliated programs or activities and are subject to the requirements that apply to other students. No individual under the age of 16 shall be permitted to matriculate as a full-time undergraduate student.

Mandated Reporter. Any individual over the age of 18 who knows or reasonably suspects that a Minor, including a UNC Asheville enrolled student minor, has experienced Child Abuse, Neglect or Violent Offense (per N.C.G.S. 14-318.6) has an absolute duty to report that suspicion to UNC Asheville Police, regardless of where the offense occurred. In addition, if the suspected abuse or neglect is by a parent, guardian, caregiver, or Covered Program Staff, an individual has an absolute obligation to notify the Buncombe County Child and Family Services Agency (CFSA) (per N.C.G.S. 7B-301).The CFSA hotline, at 828.250.5900, is available 24 hours a day, seven days a week. In all instances, the UNC Asheville Title IX Coordinator must also be notified.

Non-Covered Program or Activity/Visiting Minor. A Minor who participates in a Program or Activity on University Property that does not involve reservation of campus space, exclusive use of campus space, or execution of a faculty use agreement or other agreement for use of University Property; programs or events that are open to the general public, such as sporting events, concerts or theatrical performances; or programs or courses designed exclusively for students enrolled or matriculated at the University.

Non-University Organization or Entity (Third Party). An organization or individual not affiliated with the University that uses University facilities or technology to conduct a Covered Program pursuant to an approved contract or other use agreement with a sponsoring University department and with the prior approval of the Title IX Coordinator. For example, athletic campus or academic camps.

Personal Data. Any information that identifies or could identify an individual (either alone or in combination with other information) that exists in any format (electronic, hard copy, etc.), including but not limited to an individual’s first and last name; telephone number; social media handle; photographs, videos or audio recordings; birthdate; education level, school enrollment; and parent/legal guardian contact information.

Sponsoring Unit. An academic or administrative unit of the University that serves as a Covered Program Administrator’s point of contact with the University; confirms alignment between a Covered Program and the goals, values, and initiatives of the Unit and the University; partners with the Covered Program Administrator and the Title IX Office in ensuring compliance by the Covered Program with this Policy; and shares responsibility for its activities.

Title IX Coordinator. All authorities, responsibilities, and duties of the Title IX Coordinator described in the Policy may be delegated by the Title IX Coordinator to a designee. All references to the “Title IX Coordinator” should be understood as “Title IX Coordinator or designee(s)”

University Community or University Community Members. UNC Asheville faculty, staff, students, volunteers, interns, temporary employees, visiting scholars, interns, Covered Program Staff, non-University organizations and entities, and others that interact or engage with the University.

University (Programs) Activities. All of the University’s operations, including but not limited to locations, properties, events, or activities that are owned, sponsored, funded, affiliated with, or otherwise supported by the University. University Activities can include on-campus, off-campus, or online operations. Examples may include instruction; research; recruitment; admissions, athletic or recreational activities; conferences, meetings, social events, maintenance services, or other affiliated programs, activities, events or premises.

University Property. All grounds, buildings, facilities, stadiums, or other improvements, that are owned, leased, used, or otherwise controlled by the University. This includes non-contiguous University Property.

Violent Offense. Offense that inflicts injury on a juvenile by non-accidental means. See

Virtual Contact: A mode of contact that includes the use of technology-audio and/or video to communicate or conduct a Covered Program with Minors who are not physically present.

Volunteer. Any individual who is providing a service to the University or a Covered Program, without monetary compensation, who is neither a UNC Asheville student nor employee (faculty/staff).

IV. Reporting Requirements

If you encounter a situation in which a minor is at immediate risk of harm or the victim of a criminal act, please contact UNC Asheville Police immediately by dialing 9‑1‑1 or 828.232.5000.

University Police or the appropriate law enforcement agency will make a final determination as to whether the matter merits further investigation and University community members must not attempt to make such judgments independently of law enforcement.

1.   Duty to Report.

Under NC state law, any person 18 years or older who knows or reasonably suspects that a juvenile has been or is a victim of abuse, neglect, or violent offense must immediately report the case of that juvenile to the appropriate local law enforcement agency in the county where the juvenile resides or is found. (NCGS 14-318.2)

Contact University Police (828.232.5000) for all incidents or suspected incidents regardless of the residence of the minor involved or suspected perpetrator. You must also contact the UNC Asheville Title IX Coordinator to report the incident.

2.   Obligation to Report.

Any member of the University community who knows or reasonably suspects that a minor, including a UNC Asheville enrolled student minor, has been abused or neglected by a parent, legal guardian, caregiver, or Program Staff has an absolute obligation under state law (NCGS 7B-301) to notify the Buncombe County Child and Family Services Agency (CFSA) and the UNC Asheville Title IX Coordinator, regardless of where the offense occurred. The CFSA hotline, at 828.250.5900, is available 24 hours a day, seven days a week.

The obligation to make a report of suspected child abuse to Buncombe County CFSA is separate and independent from the obligation to report to the UNC Asheville Police Department. University Police can assist in providing contact information for reporting to social service agencies.

3.   University Reporting Mandate.

Anyone participating in a University-Sponsored or -Affiliated Program involving Minors or a non-University-Run Program operating on campus involving Minors who knows, suspects, or receives information indicating that a minor has been abused, neglected, experienced a violent offense, or who has other concerns about the safety of Minors must inform the Title IX Office at 828.232.5658. This requirement extends to all resources designated as Confidential.

All other serious incidents and violations relating to Minors in connection with University Activities, including Covered Programs, must be reported to the Title IX Office as soon as possible, and within no more than 24 hours after becoming aware of the original concern by completing this online reporting form. Such incidents or concerns may include, but are not limited to the following:

• Serious injuries, accidents, etc.
• Medical or mental health emergencies (subject to any medical confidentiality requirements)
• Near misses (e.g., a situation that could have resulted in a serious accident or injury)
• Inappropriate behavior, including grooming behavior, or boundary violations
• Violations of this Policy or the Guidelines for Interacting with Minors

4.   Clery Campus Security Authority (CSA) Crime Report.

Program Administrators are considered CSAs under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. § 1092 (f)) (“Clery Act”) and will be provided education about their responsibilities. If the incident is a Clery Crime, and the individual is a CSA, a CSA Crime Report Form must be submitted.

5.   Safe Sport Report.

S.534, or The Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, is a federal law that expands mandated reporting laws to all youth sport organizations that participate in international and inter-state sporting events. In addition to the mandatory reporting requirements under NC State law, there is requirement to report suspicions of child abuse to the U.S. Center for Safe Sport if the sports organization is governed by a “National Governing Body” or “Paralympic Sports Organization.”

6.   Reporting Violations of the Policy.

Immediately report any known or suspected violations of this Policy to the Title IX Office at 828.232.5658, who will consult with any other relevant officials or offices (e.g., General Counsel, Human Resources, or University Police). After-hours and weekend reports of policy violations must be reported by calling University Police at 828.232.5000.

Questions about one’s obligations or what one should do in a situation that makes one uncomfortable should be raised with the Title IX Office at 828.232.5658.

7.   Protection from Retaliation.

Under North Carolina law, a mandated reporter who makes a report in good faith, cooperates with law enforcement investigation, or testifies in any judicial proceeding resulting from a criminal investigation will be protected from any civil or criminal liability that might arise from the individual’s report or participation. Furthermore, University policy prohibits retaliation against anyone who makes a good faith report of abuse or neglect with regard to the terms and conditions of University employment or educational program or activity.

V. Program Registration and Approval

All Covered Programs must be registered and approved by the University Title IX Coordinator prior to the initiation of the Program or Activity.

All University-Sponsored or -Affiliated and non-University-Run Programs or Activities involving Minors must be registered at least forty-five (45) calendar days prior to the start date of the program. If a division, department, or organization is operating multiple programs, each program must be registered separately. Registration of ongoing programs is required initially and on an annual basis thereafter. New or additional Programs or Activities will require a new registration. Program Administrators must update their registration with the Title IX Office whenever there is a change to the information submitted in the Program’s prior registration request(s).

The Program Registration and Approval process applies to University Programs involving Minors, including those programs that occur on- and off-campus, and non-University organizations conducting a Program that involves Minors on University property.

The Title IX Coordinator must approve each Program before it can operate at UNC Asheville. The Title IX Coordinator will inform the Program Administrator(s) of whether the proposed Program is approved. Additional information may be requested in order to approve the Program. The Title IX Coordinator will determine if a Program or Activity is exempt from the Policy.

No University department or non-University organization may offer a Program without first obtaining prior approval from the Title IX Coordinator. Program Administrators are also responsible for ensuring that the Program continuously complies with this Policy, related youth protection standards and procedures, and other applicable University policies. Failure to comply may result in disciplinary action or other sanctions as outlined in Section IX. Compliance.

Some of the most common activities and programs involving Minors and requiring registration include:

• Youth Sports Athletic Camps and Clinics
• Day Camps and Programs (non-sport)
• Overnight Camps and Programs
• Mentoring and Tutoring Programs
• Outreach Programs
• Community-Engaged Research and Service Activities
• On-Campus Internships for Minors
• Recruitment Activities

As part of Registration, Program Administrator(s) must submit the following information and documentation at a minimum:

• Name and a description of the Covered Program and all activities, including the date(s), location(s), expected age(s) and number of Minor participants, the number of Covered Program Staff that will be involved, supervision ratios, and contact information for the Covered Program Administrator(s) responsible for overseeing the Covered Program
• The name of the University’s Sponsoring Unit supporting the proposed Covered Program and the name, position, and contact information, including email and phone number, of the head of the Sponsoring Unit, or their designee, responsible for approving the proposed Covered Program.
• Names and contact information for all Covered Program Staff. For University-Sponsored or -Affiliated Programs this information will be provided to Human Resources for the purpose of conducting and/or verifying applicable background screenings as described below in Section VI.
• Names of all registered Minor Participants and parent/legal guardian contact information; a finalized list must be submitted to the Title IX Officeat least three (3) business days prior to the start of the Program. If there have been any updates, a final list of Minor participants must be submitted within three (3) business days after the end of the Program.
• An acknowledgment of relevant institutional policies, including requirements for background screenings, training, release of liability and waivers, insurance, parking access, and facilities use; and an acknowledgment of mandatory reporting requirements under State mandates and University Policy related to suspected abuse, neglect, or violent offense of a Minor.
• For non-University entities, a statement acknowledging that the University may monitor compliance with requirements for operating a Covered Program.

Program Administrators who fail to provide the required registration information or that do not meet the minimum requirements outlined in this Policy will not be approved to operate a Program or Activity.

VI. Background Screening Requirements

No Covered Administrator or Covered Program Staff is permitted to have Direct Contact or Virtual Contact with a Minor in a Covered Program until all the Background Screening requirements are completed.

Every individual who has Direct Contact or Virtual Contact with youth participants in a University-Sponsored or -Affiliated and in a non-University-Run Program must clear a background check and other screening requirements. Background checks must be completed in accordance with the University’s Background Check Policy. Background checks must be cleared prior to Program Staff having any direct contact or virtual contact with Minors, i.e., prior to the start date of the program.

Background checks must include the following components, at a minimum:

• Federal, state, and county search for criminal felonies and misdemeanors;
• State and federal sex offender registries; and
• Driver’s license checks for individuals who will be transporting Minors.

1.   University-Sponsored or -Affiliated Programs Screening Requirements

The Title IX Office facilitates the coordination of background checks for University employees, students, and volunteers working with Minors. Human Resources oversees the processing of background checks. The Title IX Office and/or Human Resources will maintain a roster of individuals who have been cleared to participate in the Program or Activity and the dates on which a new background check will be required.

Background checks are completed in accordance with the University’s Background Check Policy requirements. The cost of the background check will be borne by the department, activity, or program responsible for the Program involving Minors and charged to the University Fund designated by the department, activity, or program.

Background check requirements include:

• UNC Asheville employee or student, or program staff (e.g., temporary employee or volunteer), who has had no break in service, must have a background check every two (2) years.
• UNC Asheville employee or student, or program staff, who is seasonal or who has had a break in service of six (6) months or more, must have a background check every year.
• All Covered Program Staff must clear a background check prior to the start date of the Program or Activity.

In addition to criminal background checks, the Title IX Office may conduct additional screening measures of Program Staff, including a cross-check of University disciplinary records and, when applicable, a screen against the U.S. Center for SafeSport’s Centralized Disciplinary Database.

The University may request follow-up information as part of its screening measures.

If a criminal background check reveals adverse information or unfavorable results, the University will conduct an individualized assessment using criteria designed to identify potential risk to Minors. The assessment may affect regular employment in addition to affecting any work with Minors.

Covered Program Staff whose background check reveals a prior criminal conviction for a sex offense, a crime against children, or a serious violent crime involving assault or injury to others may not participate in a Covered Program. Additionally, Covered Program Staff whose background checks reveal other prior criminal convictions may be prohibited from participating in a Covered Program after University consideration of the criteria listed in the Background Check Policy, including the nature of the conviction and its relevance to the position. Covered Program Staff whose background check reveals serious driving-related convictions may not transport Minors as part of their duties.

2.   Non-University-Run Programs Screening Requirements

As part of the agreement to operate on campus, all non-University organizations and entities are responsible for ensuring that criminal background checks for all Program Staff, including volunteers, are completed in accordance with the University’s Background Check Policy requirements and as stated above.

• All Covered Program Staff must have a background check within the last two (2) years.
• All Covered Program Staff must clear a background check prior to the start date of the Program or Activity.

When applicable, the Program Administrator(s) must screen all Covered Program Staff against the U.S. Center for SafeSport’s Centralized Disciplinary Database, and attest that this has been completed.

The Program Administrator must complete, sign, and submit the “Criminal Background Check Verification” form to the Title IX Coordinator prior to the start date of the Program. The Program Administrator receives this certification form when the Program is registered. The Program Administrator must maintain documentation that Program Staff have cleared the background check and additional required screenings.

VII. Training Requirements

Covered Program Staff involved in University-Sponsored or -Affiliated and in non-University-Run Programs or Activities involving Minors must participate in an annual training on policies and issues relevant to the Protection of Minors, including mandatory reporting requirements. This required training must occur prior to any direct contact or virtual contact with Minors.

1.   University-Sponsored or -Affiliated Programs

University Covered Program Staff must complete an annual training on institutional policies pertaining to Minors on campus, including mandatory reporting requirements. The (in-person) training session provides education on how to promote the safety and well-being of youth on campus, to minimize the threat of child abuse and neglect, and youth-on-youth abuse, and to respond promptly and effectively should abuse be observed, suspected, or disclosed.

The required training includes, at a minimum, the following topics:

• UNC Asheville Policy on the Protection of Minors;
• Appropriate conduct when interacting with, or in the presence of, Minors;
• Prevention of child abuse, maltreatment, and neglect;
• Recognition of the signs of child abuse, maltreatment, and neglect;
• Strategies to recognize, prevent, and address youth-on-youth abuse and bullying; and
• Mandated reporter obligations, including reporting requirements and procedures according to NC state law and University policies and procedures.

Training may be expanded depending upon the Covered Program or Activity or the person’s role in the program.

2.   Non-University-Run Programs or Activities

All non-University organizations and entities must provide annual training to Program Staff that meets or exceeds the University’s minimum requirements. The Program Director must provide documentation to the University that all Program Staff have received training on the protection of Minors by submitting the “Youth Protection Training Certification Form” to the Title IX Coordinator. The Title IX Coordinator provides this certification form to the Covered Program Administrator once the Covered Program has been registered.

All non-University Covered Program Staff must meet with the Title IX Coordinator prior to the arrival of Minors to campus. Covered Program Administrators must schedule this required meeting with the Title IX Coordinator as soon as the Covered Program has been approved. This brief meeting often takes place during on-site Staff Orientation.

This introductory session provides an opportunity for all Covered Program Staff to meet the Title IX Coordinator and learn about UNC Asheville resources, review North Carolina mandated reporting requirements, discuss reporting obligations under UNC Asheville Protection of Minors on Campus policy and reporting mechanisms at the University, and identify potential risk areas on campus.

Non-University entities must maintain appropriate documentation of training certification (e.g., training logs or completion certificates) for all Covered Program Staff working with Minors. During a program audit, the Title IX Coordinator or their designee may review these materials.

VIII. Additional Requirements for Covered Programs

In addition to the required Background Screenings and Trainings, all Covered Program Administrators and Covered Program Staff must comply with a specific set of minimun requirements, intend to promote the safety and well-being of Minor participants.

1.   Education for Minors and Parents/Legal Guardians

Prior to conducting Covered Programs, Covered Program Administrators will communicate the following in clear and explicit terms to each Minor Participant and their parent/legal guardian:

• Applicable University and Covered Program rules, including this Policy and UNC Asheville’s Guidelines for Interacting with Minors;
• How Minors and parents/legal guardians can report violations of this Policy and other concerns, including inappropriate behavior that may not appear to be abusive or neglectful (e.g., boundary violations, bullying, grooming, etc.);
• University protocols for reporting suspect Child Abuse, Neglect, or Violent Offenses;
• Behavioral expectations (e.g., Code of Conduct) for Covered Program Staff and Minors participating in the Covered Program, and a description of the Covered Program Administrator’s response to rules or conduct violations;
• Notice of how to request and access reasonable and appropriate accommodations for Minors with disabilities;
• Notice of applicable University policies, such as the Nondiscrimination Policy, Sexual Harassment Policy, and Title IX Grievance Policy; and
• Covered Program medical management and safety and security procedures, including the process for notifying parents/legal guardians of an emergency and how parents/legal guardians can contact their children during the Covered Program.

Covered Program Administrators should review the Guidelines for Interacting with Minors for more detailed information on the above requirements. Covered Program Administrators should also direct parents/legal guardians to the University Protection of Minors website for additional information and resources.

2.   Supervision Ratios

A Covered Program’s supervision needs may vary depending on the nature of the activity. Covered Programs should, to the greatest extent possible, make arrangements for the presence of two (2) Covered Program Staff at all times when supervising or in direct contact with Minors. At a minimum, any Covered Program involving Minors must maintain the following Program Staff-to-Minor Participant Supervision ratios as set forth by the American Camp Association (ACA):

For example, a residential program with twenty-four (24) 9–14-year-old Minor participants requires three (3) Program Staff at all times.

For groups with multiple ages, staff supervision number requirements are determined by the youngest participants in the group.

Separate sleeping accommodations for Program Staff and Minors are required. Program Staff may not share a room with a Minor unless the Program Staff is a parent, legal guardian, or sibling of the Minor.

Covered Program Staff will ensure that one-on-one interactions do not occur.

3.   One-on-One Interactions

All one-on-one interactions between a Covered Program Staff person and a Minor must be observable and interruptible by another Covered Program Staff member, except under emergency circumstances (i.e., life-threatening situation or imminent danger). All Covered Programs must follow the “Rule of Three” (i.e., at least one other adult or minor should also be present) in the supervision of Minors.

4.   Electronic Communications

Covered Program Staff may not have personal, non-programmatic electronic communication with Minor participants during the Covered Programs. Except in an emergency, all electronic communication must be open and transparent, meaning there must be at least three individuals included on any given communication, including another Covered Program Staff member, multiple Covered Program participants, and/or the Minor’s parent/legal guardian.

5.   Overnights and Lodging

For Covered Programs that involve an overnight or lodging component, the following requirements apply:

• Separate accommodations for adults and Minors are required; Covered Program Staff may not share a room with a Minor with the exception of a parent/legal guardian who may room with their own child(ren), but no others.
• At least two Covered Program Staff must always be present when conducting room checks.
• If Minors will be residing together, Covered Program Administrators must make efforts to ensure that youth of the same or similar ages are grouped together.

6.   Restrooms, Changing Areas, and Locker Rooms

For Covered Programs that will require use of bathroom, changing area or locker room facilities, the following requirements apply:

• Covered Program Staff must never be alone with a Minor in these areas.
• Should an activity require changing or showering, Minors must always have access to a private or semi-private changing area or shower stall.
• Covered Program Staff must never change clothes in front of a Minor, nor shower in front of a Minor, unless it is part of a pre- or post-activity rinse and appropriate swimwear is worn.
• Covered Program Staff shall make every effort to minimize changing area or locker room use when other non-Covered Program Staff adults are present, and avoid allowing different aged youth to change and/or shower at the same time.
• No cameras or recording devices of any kind may be used in these areas when Minors are present.

7.   Transportation

Check-in/Check-out Protocols

Covered Program Administrators shall establish a procedure for checking Minors in and out of Covered Programs to help facilitate a safe transfer of supervision, and to confirm that no Minor participant will be released to any person other than their parent/legal guardian without advance, written authorization.

In situations where Minors are authorized to leave with someone other than the parent/ egal guardian, a verification process must be in place to ensure the Minor is being released to the authorized individual.

Transportation of Minors

Covered Program Staff are not permitted to transport Minors alone in any vehicle, except in an emergency (i.e., life-threatening situation or imminent danger).

Only Covered Program Staff who are approved University drivers and have permission to operate University vehicles per Transportation Services are authorized to transport Minors during University-Sponsored or -Affiliated Programs. Students are prohibited from doing so.

8.   Medical Management and Emergency Preparedness

Covered Program Administrators must collect medical and emergency contact information for Covered Program Minor participants, and ensure information is securely stored in a secure information management system. Other documentation may also be required depending on the type of Covered Program.

Additionally, Covered Program Administrators must establish an emergency plan to address potential risks that could occur during the Covered Program. The plan must include a procedure for contacting the parent/legal guardian in the event of an emergency, and for informing parents/legal guardians of the procedure for contacting Covered Program Staff and/or their child during activities.

9.   Data Privacy

Depending on the nature of the Covered Program, Personal Data of Minors may be collected, stored and used for the purpose of providing, operating, improving and promoting a Covered Program. However, it must be done in a transparent and responsible manner, ensuring it remains secure and confidential, and shared only with those who need access to carry out activities and to provide for the safety and well-being of Minor participants.

10.   Exemptions

Should a Covered Program Administrator deem that a section of this Policy would inhibit the administration of a Covered Program and its intended goals or outcomes, an exemption can be requested by submitting an exemption request to the Title IX Office.

This request must include how the Covered Program’s administration, goals or outcomes are not supported by the Policy from which it is requesting exemption, as well as a description of alternative safeguards that would be implemented to adequately address the protection of Minors in the Policy’s absence.

Exemption requests must be submitted ninety (90) days before a Covered Program begins, and on an annual basis for ongoing or pre-established Covered Programs.

Approval or denial will be provided within thirty (30) days of receiving the exemption request.

IX. Compliance

In addition to criminal penalties and sanctions that may apply for failure to report child abuse or neglect, or violent offense against a Minor, failure to comply with the requirements of the Policy or related guidelines may result in University disciplinary action or other sanctions applicable to the individual up to and including suspension, dismissal, termination of employment or assignment, and, where appropriate, exclusion from campus. For non-University Program Staff, violations may result in disciplinary action the requires immediate removal from direct contact or virtual contact with Minor, and/or University property or facility.

The University may also take necessary interim actions before determining whether a violation has occurred, including temporarily restricting any individual against whom there is an allegation of misconduct from working with Minors in a Program or Activity until the matter has been satisfactorily resolved.

Violations of this Policy also may result in immediate discontinuation or cancellation of the University-Sponsored or -Affiliated or non-University-Run Program.

The University may terminate relationships or take appropriate actions against non-University entities that violate this Policy and applicable procedures, such as a ban from future use of University facilities, in accordance with applicable agreements.

The University will follow all North Carolina laws and protocols in holding individuals accountable for failure to report.

Responsibilities

X. Policy Implementation and Modification

The Title IX Office shall administer and oversee the implementation of the Policy in a manner that best achieves its goals, and update or modify the Guidelines to the Policy as necessary. The Policy may be modified with the approval of the Chancellor to reflect changes in the law, standards relating to the protection of Minors, or University processes, or as otherwise necessary.

Questions about the interpretation or application of this Policy and associated procedures should be directed to the Title IX Office.

XI. Related Regulations, Policies, and Requirements

1.   Resources

• All procedures, guidelines, and resources can be found on the UNC Asheville Protections of Minors website.

2.   External Regulations

• North Carolina Senate Bill 199, An act to protect children from sexual abuse and to strengthen and modernize sexual assault laws.
• North Carolina General Statutes (N.C.G.S.) §7B-101. Abuse, Neglect, Dependency
• N.C.G.S. §7B-301. Duty to report abuse, neglect, dependency, or death due to maltreatment
• N.C.G.S. §14-208.6(5). Definition of sexual violent offense.
• N.C.G.S. §14-318.2. Child abuse a misdemeanor.
• N.C.G.S. §14-318.6. Failure to report crimes against juveniles; penalty.
• N.C.G.S. Chapter 126, Article 14.Protection for Reporting Improper Government Activities
• S.534, or “The Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017.”
• N.C. House Bill 774/Session Law 2018-79. A Certificate of Relief for Certain Criminal Convictions.

Protection for individuals making reports in good faith:

• N.C.G.S. §7B-309. Immunity of persons reporting and cooperating in an assessment [with the county department of social services]
• N.C.G.S. §126-84. Protection for reporting improper government activities.
• N.C.G.S. §126-85. Protection from retaliation

3.   University Policies and Procedures

• Title IX Grievance Policy
• Sexual Harassment Policy
• University Use of University Space and Facility Use Agreement (FUA)
• University Background Check Policy
• University Illegal Drugs Policy
• University Smoking on Campus Policy
• [University Prohibition of Retaliation]
• [University Nondiscrimination Statement