a. Applicability. This policy applies to the System and each University.

b. Right to Change Policy. The System reserves the right to interpret, change, modify, amend, or rescind this policy, in whole or in part, at any time, without prior notice or consent of employees, visitors, affiliates, or other persons on campus.

c. Compliance with State Law. Program Operators (as defined herein) must copy the Youth Program Officer (as defined herein) on submission of a Youth Camp Program application to the Texas Department of State Health Services. All Youth Programs must be planned, operated and implemented in compliance with applicable laws and University policies, including, but not limited to, the University's Campus Carry policy.

a. Youth Participants. A minor (under age 18) who is attending a Youth Program or a person 18 or older who is a current secondary school student and is attending a Youth Program. This does not include University students attending a System institution who are under the age of 18.

b. Designated Individuals. Any adult who is a University employee, University student, parent, legal guardian, independent contractor, or other volunteer involved in and assisting with a Youth Program for Youth Participants who has contact with a Youth Participant and has been identified by the University as a Designated Individual.

c. Youth Program. A camp, program, internship, mentorship, event, or activity held by or on the campus of a University that offers recreational, athletic, religious, or educational activities to Youth Participants, including any "Campus program for minors" as defined by Section 51.976 of the Texas Education Code and third-party youth programs that contract with a University for the use of its campus or facilities, including coach LLC programs. For the purposes of this policy, this definition does not include programs for University students or employees under the age of 18, or programs where the custody, control, and care of a minor (under age 18) is not the responsibility of the University but instead held by external teachers, official chaperones, parents, or legal guardians (e.g., patrons of entertainment events).

d. Youth Program Officer. The University employee or department specifically responsible for the oversight of all Youth Programs.

e. Program Operator. The University college, school, unit, department, or individual who owns, operates, or supervises the Youth Program, or who serves as a liaison for a Third-Party Program, and is charged with ensuring compliance with the Youth Program requirements.

a. Designation. Each University must designate an employee or department as a Youth Program Officer with sufficient authority to carry out oversight responsibilities.

b. University Sponsorship of Youth Programs. Youth Programs must be sponsored by or affiliated with a University's college, school, unit or department, and must be specifically authorized by the University's Youth Program Officer on a per-program basis.

c. Youth Participant Required Forms. Each University must obtain, at a minimum, an Individual Program Agreement for Minor Participant for each Youth Participant, completed and signed by the Youth Participant's parent or guardian, prior to the Youth Participant entering University campus (a template agreement is attached hereto as Exhibit A). Each University may also require the parent or guardian to sign additional forms consistent with the planned activities of the Youth Program before the Youth Participant is allowed to participate. Such forms may include but are not limited to: University Residence Hall forms, transportation forms, drop off/pick up intake and release forms, process waivers or specific consent forms, and Youth Participant Code of Conduct forms. The Program Operator shall be responsible for ensuring that all of the University required forms are completed by the Youth Participant prior to participating in the Youth Program.

d. Supervision of Youth Participants. Each Youth Program must have the following minimum adult supervision ratio requirements consistent with the American Camp Association staff ratio standards:

The Youth Program Officer may require additional supervision for programs involving high risk activities. In the event a Youth Program has Youth Participants in a range of ages, the supervision ratios required shall be for the youngest Youth Participants. However, if the Youth Participants are divided into groups by age, each group can follow the ratios according to the youngest Youth Participants in the group (e.g., a group of 2 five-year-old Youth Participants and 4 six-year-old Youth Participants at a day camp will require 2 adults supervising). If a Youth Program fails to meet the required ratios at any time during the Youth Program due to an illness or absence of a Designated Individual who is supervising Youth Participants, the Program Operator must document daily the reason for the ratio disparity and the efforts made to mitigate the risk to Youth Participants and to correct the ratios. This documentation shall be provided to the Youth Program Officer at the conclusion of the Youth Program.

e. Youth Program Requirements. The Program Operator is required to register the Youth Program with sufficient time to meet the requirements of this policy prior to the first day of the Youth Program, and preferably at least thirty (30) days prior to the start date of the Youth Program. For Youth Programs that are for extended periods or that repeat, each Youth Program must be registered at least annually. At a minimum, the registration will require:

(1) The name of the Youth Program;

(2) The name and contact information of the Program Operator;

(3) A list of all Designated Individuals, and for each Designated Individual, the following information:

(a) University employee identification number, driver's license number, or other government issued ID card number;

(b) the date the background check was completed; and

(c) the date the Sexual Abuse and Child Molestation Awareness training was completed;

(4) If the Youth Program is overnight, a supervision plan specifying curfew, fire escape or other emergency plan for housing areas, medication management plans, and visitor rules for Youth Participants; and

(5) Documentation demonstrating that the Youth Camp Program has been registered with the Texas Department of State Health Services, which requirements can be found at https://www.dshs.texas.gov/youth-camp-program/applications-forms-youth-camp-program.

f. Requirements for Designated Individuals. Each University must require and ensure that each Designated Individual meets the following requirements:

(1) Background Checks. Each Program Operator must ensure that all Designated Individuals undergo a criminal background check each year of the Youth Program. The background check must be completed and successfully cleared prior to the Designated Individual participating in the Youth Program. The Youth Program Officer must be notified of any arrest, criminal charge, or conviction (other than minor traffic violations).

(2) Sexual Abuse and Child Molestation Awareness Training. Designated Individuals must complete the state approved training on warning signs of sexual abuse and child molestation and the corresponding examination every two years, or if the Designated Individual is a new employee or volunteer, he or she must complete the training and corresponding examination prior to participating in the Youth Program. Upon successful completion of the training and examination, the Designated Individual will receive a certificate of completion, and the Designated Individual must provide the certificate to the Program Operator.

(3) Access to Youth Participants. Any individual not considered a Designated Individual must not have unsupervised access to Youth Participants.

g. Prohibited Conduct of Designated Individuals. Designated Individuals must not engage in any behavior that could cause harm or be misinterpreted as possibly causing harm to Youth Participants. Prohibited conduct for Designated Individuals includes, but is not limited to:

(1) No one-on-one contact with Youth Participants is permitted outside the presence of another Designated Individual.

(2) Do not meet with Youth Participants outside of established times for Youth Program activities.

(3) Do not touch Youth Participants in a manner that a reasonable person could interpret as inappropriate.

(4) Do not engage in any abusive conduct of any kind toward, or in the presence of, a Youth Participant, including but not limited to verbal abuse, striking, hitting, punching, poking, spanking, or restraining.

(5) Do not shower, bathe, or undress with or in the presence of Youth Participants.

(6) Do not use, possess, or be under the influence of alcohol or illegal drugs while working with a Youth Program.

(7) Do not be alone in a vehicle with a Youth Participant at any time. A best practice is to have two adults in a vehicle with Youth Participant(s).

(8) Do not have direct electronic contact with Youth Participants unless specifically permitted by the Youth Program, and then only in compliance with the Youth Program communications policies and protocols. A best practice is to include another Designated Individual in communications with Youth Participants.

(9) Do not post or send photos of Youth Participants on personal social media accounts or messaging applications unless specifically authorized to do so as part of the Youth Program.

(10) Do not make sexual materials in any form available to Youth Participants participating in Youth Programs or assist them in any way in gaining access to such materials.

h. Insurance. All Youth Programs must carry accident and liability insurance with coverage at least equivalent to the minimums outlined at Exhibit B, attached hereto. For Youth Programs that are sponsored by the University or a component or department of the University, the Youth Program may be covered by existing insurance coverage.  For third party programs, including coach LLC programs, proof of insurance from an external insurer that meets the minimum requirements must be provided before the program will be approved.  The Program Operator should contact the Office of Risk Management with any questions related to what types of coverage will be required or what coverage might be available.

i. Reporting Requirements. Each University must have processes in place to comply with federal and state reporting requirements that apply to Youth Programs. Each University must have a system in place for concerns or suspicions to be reported. Such reporting system(s) must be publicized wherever Youth Programs are taking place.

(1) Reporting Suspected Abuse or Neglect. Under Texas law, if an individual believes a child is being abused or neglected, the individual is required to report it to the Department of Family and Protective Services (DFPS). Reports of abuse or neglect of children should also be made to the University's Title IX Coordinator.

(2) The Clery Act. University officials, also known as Campus Security Authorities, are required by the Jeanne Clery Act to report to the University police department suspected crimes that occur on or near campus, or on non-campus property owned or controlled by the University.

j. Risk Management Plans. All Youth Programs must submit a risk management plan in accordance with the University's applicable operating policy and must be submitted prior to the first day of the Youth Program to the University's department of institutional compliance or its equivalent. A Youth Program must have an approved risk management plan prior to the first day of the Youth Program. In order to ensure that the plan is approved prior to the first day of the Youth Program, Program Operators should make best efforts to ensure that a risk management plan is submitted at least thirty (30) days prior to the first day of the Youth Program.

k. Third Party Programs. Youth Programs hosted on a University campus but operated by an unaffiliated third party ("Third Party Programs") must, at a minimum, meet all of the requirements set forth in this Regulation. All Third Party Programs must have a University contact to serve as the Program Operator for purposes of complying with this Regulation, with applicable laws, and with applicable University policies.

l. Compliance with University's OP. In addition to the requirements set forth above, Program Operators must comply with their respective University's Operating Policies, including their Minors on Campus policy.

m. Record Retention. Youth Program Officer shall ensure that all required forms under this regulation are maintained according to the University's record retention policy.

a. Texas Education Code, Section 51.976

b. Texas Education Code, Sections 22.0831-22.0837

c. Texas Education Code, Section 38.0041

d. Texas Administrative Code, Section 265.403

e. Jeanne Clery Act