Non-Registered Individuals in the Classroom and Minors on Campus Policy

Children are not allowed in the classroom and should not be left unattended while on campus.

Persons who are not registered for a class or whose name does not appear on the class roster will be asked to leave. Faculty members may invite a guest speaker(s). The Office of Student Concerns may also grant an individual permission to be present during a class.

Wilmington University (“the University” or “Wilmington”) strives to conduct its operations and maintain its facilities in a manner consistent with its mission as an institution of higher education. While there may be occasions when the presence of Minors on or brief visits by Minors to campus may be appropriate or necessary, Minors are not permitted to be unescorted or unsupervised on University premises, including circumstances when they are hired to work on and/or permitted to participate in activities on campus or sponsored (on- or off-campus) by the University. In addition to the requirements of this Policy, the visits of Minors are subject to the same conditions as any other visitors to the University.

Any University employee who suspects that a Minor who is on University premises for any reason, or is participating in a University-sponsored activity at another location, has been the victim of child abuse shall immediately report the suspected abuse to University Safety and/or the Human Resources Department.

Scope

This Policy applies to activities and programs taking place on Wilmington University’s campus / locations, or University-sponsored off-campus activities, in which Minors will be physically present and participating, with the following exception: minors matriculated in courses at the University.

Requirements of Policy Governing Presence of Minors on Campus

In an effort to minimize any disruption to the essential functioning of the University and maximize the safety of Minors on campus, certain requirements must be met, as follows:

  • Minors must be supervised at all times by an Authorized Adult while on campus or participating in a University-sponsored off-campus activity.
  • Minors are permitted in the general use facilities (Athletic Fields, Public Spaces, Academic Buildings, Food Services Areas etc.) with an Authorized Adult, but may be restricted from certain areas of the facilities or from utilizing certain equipment.
  • Even when accompanied by an Authorized Adult, pre-high school age Minors not participating in a program on University premises or a University-sponsored off-campus activity are prohibited from areas where significant potential safety hazards and liabilities may exist, and where strict safety precautions are required.
  • Minors and Authorized Adults not meeting relevant University community conduct standards will be asked to leave the campus.
  • Minors are not allowed in classrooms while classes are in session unless permission is granted by the faculty member having authorized access to the classroom in advance of the start of class. Should a Minor become disruptive, the Authorized Adult and Minor may be asked to leave.

Background Checks

  • Successful background checks including the Delaware Criminal Record Search, FBI Fingerprinting Check, and Delaware Child Abuse Registry check will be required of each Authorized Adult prior to his or her direct participation with Minors in a program or activity covered by this Policy and at least once every two (2) years thereafter. Background checks may be conducted by an outside contractor at the request of the Human Resources Department.
  • It is the responsibility of the Program/Activity Leader to ensure that each participating adult has submitted the required background check request form and has subsequently received clearance to participate. The Human Resources Department will maintain a roster of individuals who have been cleared to participate and the dates on which new background checks will be required. The failure of an Authorized Adult to fulfill his or her obligations under this paragraph shall be subject to discipline, up to and including termination or removal from the program.
  • The background check will be limited to criminal offenses, including, but not limited to, child abuse, for which an individual has been convicted, pled guilty to a felony or misdemeanor, or where such charges are currently pending. The University may accept successful documented background clearances from the governmental agencies (e.g., School Districts) that have been completed within one year from the start date of employment.
  • A decision not to permit an individual to participate in a program or activity covered by this Policy based on the results of a background check will be made by the Assistant Vice President for Human Resources. The results of background checks conducted under this Policy will be used only for the purposes of this Policy, except that Wilmington University reserves the right to take appropriate action with respect to employees who may have falsified or failed to disclose information material to their employment on employment applications uncovered as a result of the background check, including and up to immediate termination of employment. Copies of background check reports will be retained in the Human Resources Department.

Conduct Requirements

Authorized Adults or any adult participating in programs and activities covered by this Policy shall not:

  • Have one-on-one contact with Minors; in general, it is expected that activities where Minors are present will involve two or more Authorized Adult participants/supervisors.
  • Participate in a sleepover under the auspices of the program or
  • Engage in abusive conduct of any kind toward, or in the presence of, a
  • Strike, hit, administer corporal punishment to, or touch in an inappropriate or illegal manner any Minor.
  • Pick up Minors or drop off Minors from their homes, other than the driver’s child or children or friends of the driver’s child or children other than when such child or children are present, at their homes in the adult’s personal vehicle, whether before, during, or after the program or
  • Engage in the use of alcohol or illegal drugs, or be under the influence of alcohol or illegal drugs during such programs or activities.
  • Make pornography in any form available to Minors participating in programs and activities covered by this Policy or assist them in any way in gaining access to pornography.

Allegation of Inappropriate Conduct

Authorized Adults participating in programs and activities covered by this Policy shall:

  • Be familiar with and strictly adhere to Wilmington University’s Minors on Campus Policy.
  • Strive to ensure the safety of Minors participating in programs and activities covered by this Policy, and, when appropriate, remove Minors from dangerous or potentially dangerous situations. In such case, University Safety and the Human Resources Department will be
  • Discontinue any further participation in programs and activities covered by this Policy when an allegation of inappropriate conduct has been made against him or her, until such allegation has been satisfactorily resolved.

Training

  • Authorized Adults who will be participating with Minors in a covered program or activity shall complete annual mandatory training on the conduct requirements of this Policy, on protecting Minors from abusive emotional and physical treatment, and on mandatory reporting of suspected child abuse.
  • Training resources can be obtained from the Human Resources

Note: All contracts for the services of independent contractors must include a provision ensuring that the employees of such independent contractors or the contractor (in the case of a solo contractor) has complied with, at a minimum, background checks and training comparable to those required by the University under this Policy. In addition, all independent contracts must reference and attach copies of this Policy to such contracts.