K-12 schools and institutions of higher education should be keenly aware of the laws and best practices for engagement with minors (i.e., persons under the age of 18). Teachers, non-instructional staff, coaches, and volunteers in every school district interact with minors on a daily basis. In higher ed, faculty, staff, and even college students themselves regularly interact with minors in the context of collegiate athletics and recruiting; college and university admissions programs; and summer school sessions and internships for high-school students.
Here are five recommendations to consider before engaging with minors:
- Understand Legal and Institutional Responsibilities – Familiarize yourself with applicable federal and state laws governing the protection of minors, including mandatory reporting of suspected abuse or neglect, parental rights, and student privacy, and ensure that they are addressed by your institutional policies. Understand the role of all federal, state, and local agencies in the reporting and investigation of child abuse or offenses involving children.
- Conduct Background Checks – K-12 schools must follow state laws on required background checks. Institutions of higher education should implement procedures to ensure faculty, staff, and college students who have direct contact with minors undergo background checks, including criminal history, child abuse and neglect history, and sex offender registry checks. State laws will direct what an institution must do to obtain informed consent to a background check, and the type of information a background check can gather.
- Implement Clear Behavioral Expectations – Adopt clear, written policies that are designed to ensure that adults working with minors serve as positive role models and avoid any behavior that could be considered inappropriate boundary-crossing, including inappropriate comments or jokes, private communications, and any form of physical or emotional abuse. Ensure any communication with minors outside of the determined program times and settings is prohibited, unless specifically authorized by the institution and the minor’s parents. Set clear rules and expectations around casual forms of communication, such as email, text messages, and social media. Establish procedures to report, investigate, and address conduct that fall short of expectations.
- Develop Mandatory Training and Awareness Programs – Require all adults working with minors to complete training on legal requirements and institutional policies. Update your training regularly and document each individual’s compliance with mandated training obligations.
- Involve Parents – Use consent forms, emergency contact forms, parental information sessions, and liability waivers to ensure that parents are informed about their child’s participation, including risks and expectations around conduct and communications. Establish rules and guidelines regarding when and under what circumstances parents will be contacted.