The University of Michigan rolled out a new policy last week, in response to the Penn State scandal, regarding the safety of minors on campus or in university sponsored programs [1]. The stated purpose and scope of the policy is stated as follows;
· The purpose of this policy is to promote the health, wellness, safety and security of children who are entrusted to the University's care, custody and control or who participate in Programs held on University property. This policy applies to all University units, including the University of Michigan Health System ("UMHS") that provide Programs designed primarily to serve non-enrolled Minors under the age of 18. The University requires all administrators, health care providers, faculty, staff, students and volunteers working with Minors in University-Sponsored Programs or in Programs for Minors held on University property to comply with this policy.
This policy appears that it will include recruiting programs for student athletes, since many of these high school athletes will be under the age of 18. However, programs may be given an exemption but if the recruiting programs are exempted the University should have a good reason to do so.
· Program registration requirements may be waived or modified by Risk Management Services
If this policy applies to recruiting programs, there could be some significant changes to current practices.
The first requirement of the new policy is that covered programs must register annually with the University. They must identify all authorized adults and program staff. This would include all volunteer staff, such as students. All such personnel must have criminal background checks and must have training regarding this policy and the policies of the individual program.
All program staff must adhere to a “Code of Conduct” that has some fairly restrictive rules.
· When transporting Minors, more than one Authorized Adult or Program Staff from the Program must be present in the vehicle, except when multiple Minors will be in the vehicle at all times through the transportation. Avoid using personal vehicles if possible and comply with the Program's transportation guidelines.
That would mean that the program could not send a single person to pick up a recruit at the airport of transport them around the campus. They should be using university vehicles rather than their personal cars.
· Do not be alone with a single Minor. If One-an-One interaction is required, meet in open, well illuminated spaces or rooms with windows observable by other Authorized Adult or Program Staff unless the One-on-One interaction is expressly authorized by the Program Administrator or is being undertaken by a health care provider.
Coaches and others would not be allowed to meet individually with student athletes under 18, which might be a good thing since there have been some instances where head coaches have claimed that they were unaware of NCAA violations being committed by assistant coaches. This requirement would mean that any rules violations would require a conspiracy of at least two program staff members.
· Do not use profanity, vulgarity, or harassing language that would violate SPG 201.89-1. (Discrimination or Harassment)
· Do not use, possess or be under the influence of alcohol or illegal drugs while on duty, or in the presence of Minors involved in a Program, or when responsible for a Minor's welfare.
· Do not provide alcohol or illegal drugs to a Minor.
Program staff could not go to a party where alcohol was being consumed and allow the minor to drink alcohol or consume alcohol themselves.
· Do not engage in any sexual activity, make sexual comments, tell sexual jokes, or share sexually explicit material with Minors or assist in any way to provide access to such material to Minors,
· Do not engage or allow Minors to engage you in romantic or sexual conversations, or related matters, unless required in the role of resident advisors, counselors, or health care providers.
Program staff would be responsible for supervising minors at all times, which would appear to prohibit allowing a minor to have sex, even if consensual during their visit.
Each program will be required to demonstrate how they will comply with these policies during their application for registration.
Sports Illustrated did a lengthy investigation of recruiting practices at Oklahoma State University [2]. They published a 5 part series of articles that documented a number of practices that would violate this policy. Recruits were taken to parties where they drank alcohol and had sex with willing female students. One student said that the coaches expected them to get the recruit “laid”. One former OSU player made a very interesting observation about the availability of sex during his visit. He said that it gave the impression that the female students on campus were there for his pleasure. One wonders if something like this may have played into the recent scandal regarding the expulsion of the University’s place kicker, Brendan Gibbons for sexually assaulting a fellow student in 2009.
Why is the faculty senate’s discussion of the new policy with University officials held in closed session?
The executive committee of the faculty senate (SACUA) met with university officials on Monday, February 3, 2014 to discuss the new policy on minors on campus. This included representatives of the Risk Management, Public Affairs and Assistant General Counsel, Donica Varner. The SACUA chair had previous said that the public was welcome to attend and hear about the new policy but apparently, Donica Varner called on Friday and insisted that the discussion be held in closed session [3]. If the University wants the public and the university community to understand the new policy, why would they insist on answering questions about the policy in secret?
· The purpose of this policy is to promote the health, wellness, safety and security of children who are entrusted to the University's care, custody and control or who participate in Programs held on University property. This policy applies to all University units, including the University of Michigan Health System ("UMHS") that provide Programs designed primarily to serve non-enrolled Minors under the age of 18. The University requires all administrators, health care providers, faculty, staff, students and volunteers working with Minors in University-Sponsored Programs or in Programs for Minors held on University property to comply with this policy.
This policy appears that it will include recruiting programs for student athletes, since many of these high school athletes will be under the age of 18. However, programs may be given an exemption but if the recruiting programs are exempted the University should have a good reason to do so.
· Program registration requirements may be waived or modified by Risk Management Services
If this policy applies to recruiting programs, there could be some significant changes to current practices.
The first requirement of the new policy is that covered programs must register annually with the University. They must identify all authorized adults and program staff. This would include all volunteer staff, such as students. All such personnel must have criminal background checks and must have training regarding this policy and the policies of the individual program.
All program staff must adhere to a “Code of Conduct” that has some fairly restrictive rules.
· When transporting Minors, more than one Authorized Adult or Program Staff from the Program must be present in the vehicle, except when multiple Minors will be in the vehicle at all times through the transportation. Avoid using personal vehicles if possible and comply with the Program's transportation guidelines.
That would mean that the program could not send a single person to pick up a recruit at the airport of transport them around the campus. They should be using university vehicles rather than their personal cars.
· Do not be alone with a single Minor. If One-an-One interaction is required, meet in open, well illuminated spaces or rooms with windows observable by other Authorized Adult or Program Staff unless the One-on-One interaction is expressly authorized by the Program Administrator or is being undertaken by a health care provider.
Coaches and others would not be allowed to meet individually with student athletes under 18, which might be a good thing since there have been some instances where head coaches have claimed that they were unaware of NCAA violations being committed by assistant coaches. This requirement would mean that any rules violations would require a conspiracy of at least two program staff members.
· Do not use profanity, vulgarity, or harassing language that would violate SPG 201.89-1. (Discrimination or Harassment)
· Do not use, possess or be under the influence of alcohol or illegal drugs while on duty, or in the presence of Minors involved in a Program, or when responsible for a Minor's welfare.
· Do not provide alcohol or illegal drugs to a Minor.
Program staff could not go to a party where alcohol was being consumed and allow the minor to drink alcohol or consume alcohol themselves.
· Do not engage in any sexual activity, make sexual comments, tell sexual jokes, or share sexually explicit material with Minors or assist in any way to provide access to such material to Minors,
· Do not engage or allow Minors to engage you in romantic or sexual conversations, or related matters, unless required in the role of resident advisors, counselors, or health care providers.
Program staff would be responsible for supervising minors at all times, which would appear to prohibit allowing a minor to have sex, even if consensual during their visit.
Each program will be required to demonstrate how they will comply with these policies during their application for registration.
Sports Illustrated did a lengthy investigation of recruiting practices at Oklahoma State University [2]. They published a 5 part series of articles that documented a number of practices that would violate this policy. Recruits were taken to parties where they drank alcohol and had sex with willing female students. One student said that the coaches expected them to get the recruit “laid”. One former OSU player made a very interesting observation about the availability of sex during his visit. He said that it gave the impression that the female students on campus were there for his pleasure. One wonders if something like this may have played into the recent scandal regarding the expulsion of the University’s place kicker, Brendan Gibbons for sexually assaulting a fellow student in 2009.
Why is the faculty senate’s discussion of the new policy with University officials held in closed session?
The executive committee of the faculty senate (SACUA) met with university officials on Monday, February 3, 2014 to discuss the new policy on minors on campus. This included representatives of the Risk Management, Public Affairs and Assistant General Counsel, Donica Varner. The SACUA chair had previous said that the public was welcome to attend and hear about the new policy but apparently, Donica Varner called on Friday and insisted that the discussion be held in closed session [3]. If the University wants the public and the university community to understand the new policy, why would they insist on answering questions about the policy in secret?
| spg_601.34_minors_on_campus.pdf |
[2] http://sportsillustrated.cnn.com/college-football/news/20130913/oklahoma-state-part-4-the-sex/index.html
| sacua_agenda_re_minors_on_campus_policy.pdf |
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