CHAPTER 300: ADMINISTRATION AND FINANCE

361.3.1 Liability

Coverage for insurable liability losses is provided by the University above a $250,000 self-insured retention for primary programs, and $35,000 for University special funds programs (housing, parking, health center, extended education). Program Managers are responsible for liability losses (including related costs of investigation, defense, regulatory fines, settlements, etc.) within the self-insured retention.

361.3.2 Illness and Injury

Work related illness and injury coverage is provided for employees on a cost plus basis. Campus departments and/or programs are responsible for worker’s compensation and employment liability loss costs. (Costs are currently paid within University resources.)

361.3.3 Property

Coverage for real and personal property is generally not provided unless initial funding was provided through public bonds. Campus departments and/or programs are responsible for property losses (including related costs).

361.3.4 Accident and/or Health

In general, accident and/or health insurance are not provided by the University for students or visitors on campus. Limited coverage is provided for students traveling on University programs (e.g., field trips) within the United States. Registered students have access to the University Health Center.

361.4.1 Automobile Accidents While On University Business

Employees involved in vehicle accidents while on official University business shall file a “Vehicle Accident Report” (as required by the State of California automobile liability program) with the RMEH&S office within 24 hours after the accident. The employee’s supervisor shall be responsible for completing a “Review of State Driver Accident” report and submitting it to Risk Management, Environmental Health & Safety.

361.4.2 Employee Accidents

Employees who are injured or become ill because of their job shall immediately report the injury or illness to their supervisor. Supervisors shall provide the employee with an “Employee’s Claim for Worker’s Compensation Benefits” form and process the form as directed by Risk Management, Environmental Health & Safety.

361.4.3 Student and Visitor Accidents

Faculty and staff responsible for activities, equipment, facilities, programs and services shall initially report all accidents resulting in personal injury to students and/or visitors which occur either on campus (e.g., classrooms, laboratories) or off site at campus programs (e.g., field trips, Swanton Pacific Ranch) to RMEH&S within 24 hours. Students and/or visitors shall be responsible for filing an accident report when they are involved in an accident on campus that results in personal injury or property damage that is not part of a campus activity (e.g., trip and fall while walking to class) as soon as possible but within five working days of the incident.

361.4.4 Property Damage

Faculty and staff responsible for activities, equipment, facilities, programs, and services shall report all university property damage and/or loss which occurs either on campus or off site at campus programs (e.g., Swanton Pacific Ranch) to RMEH&S as soon as possible but within five working days of the incident.

361.5.1 Officers and Employees

Subject to limited exceptions, the State of California (including Cal Poly) is obligated by law to provide defense and indemnification for employees for acts occurring within the course and scope of their employment duties.

361.6.1 Public Entity Liability

The University may be exposed to liability for injury to persons and/or damage to property related to operations and programs (i.e., slip and fall, medical malpractice, failure to provide recommended safety devices). Liability expenses may include, but are not limited to, investigation, expert witnesses, legal defense, reimbursement for medical services and/or replacement of property, plus other related costs and damages.

The University shall bear the cost of minor liability losses at the program management level, including the payment of insurance deductibles. The University shall maintain insurance to finance the cost of major liability losses resulting from general operations of the University or from professional services on behalf of the University.

RMEH&S may review and recommend the purchase of additional insurance for high risk and/or unusual activities, events, or programs. Additional insurance expenses shall be a responsibility at the program management level.

361.6.2 Automobile Liability and Damage

The University participates in the State of California automobile liability program. This program provides for payment for expenses, defense and damages on behalf of the University and its employees related to the operation of stateowned automobiles within the course and scope of employment. Cost of repair for damages to state-owned vehicles when it is determined the state driver is “at fault” shall be a responsibility at the program management level.

State of California approved commercial rental car contracts provide for payment of automobile liability and repair of the rental car by the rental car agency on behalf of the State of California’s entities and their employees related to the operation of rental cars within the course and scope of employment.

The State of California automobile liability insurance program provides for payment for expenses, defense and damages in excess of the vehicle owner’s required automobile insurance for the University and its employees related to the operation of privately owned vehicles within the course and scope of employment.

361.6.3 Real and Personal Property

Real property refers to land and buildings and structures attached to the land; personal property refers to all other types of property, such as furniture, equipment, livestock, supplies, etc. Risk exposures are the loss and/or damage of property from theft, fire, flood, misuse, etc. The University shall bear the cost of state-owned property losses, including the payment of insurance deductibles, at the program management level. The University shall not provide insurance for property that is not owned by the State of California. RMEH&S may review and recommend the purchase of additional insurance for high risk and/or unusual property. Additional insurance expense shall be a responsibility at the program management level. Insurance will be purchased to satisfy the requirements of bonds and contracts.

361.6.4 Employee Injury and Illness

The State of California requires employers to maintain Worker’s Compensation benefit programs to provide for medical services for work related injuries or illness of employees. This benefit is available to all persons employed by the University, including volunteer employees and student assistants. The University shall maintain insurance to finance the cost of medical and related services for work related injuries or illness of employees as required by statute.

361.6.5 Student Injury and Illness

Students participating in on-campus activities, classes, laboratories, events and/or programs may be injured or become ill. The University does not provide primary accident or medical insurance for students.

The University shall maintain insurance which provides limited payment for medical services in excess of a student’s personal health insurance benefits for injuries related to travel for University activities, classes, field trips, events and/or programs. Coverage excludes participation in intercollegiate athletic activities.

The University shall maintain insurance which provides for payment for medical services, in excess of a student’s personal health insurance benefits, for injuries sustained during participation in regularly scheduled intercollegiate sports events, practices, and tryouts.

Students participating in University programs involving international travel shall obtain and maintain in force health insurance consistent with CSU International Programs’ requirements for the entire period abroad.

361.6.6 Certificates of Coverage

The University may provide certificates of insurance, evidence of self-insurance, or endorsements demonstrating coverage or providing additional coverage as required in contracts administered through Contract and Procurement Services. Contracts and Procurement shall be responsible for the acquisition and distribution of certificates of coverage.

361.6.7 Agreements, Contracts, Leases, Memorandums, and Purchases

Agreements between the University, its Auxiliaries, and other entities for the construction of University facilities, materials, and services for the University, and educational placements shall include language which transfers the risks related to the products provided and performance of the terms of the agreement to the other entity(ies) to the fullest extent possible. In addition, the other entities shall provide proof of insurance for risks and losses that may occur related to the performance of the agreement commensurate with those risks.

361.6.8 Release Agreements (Waivers)

RMEH&S shall be responsible for the development and authorization of Release Agreements for University programs.

361.6.9 Claims

Claims against the University-maintained insurance programs shall be reported to and coordinated by RMEH&S (liability, property, injury and illness).

RMEH&S shall be responsible for direct handling of all workers compensation claims by employees.

Intercollegiate Athletics shall be responsible for the direct handling for their athletes’ injury claims.

361.7.1 Employee Air Travel

Travel by a group of employees in the same aircraft or other mode of transportation is discouraged when the employees’ responsibilities are such that an accident could seriously affect the functioning of the University.

Before a private aircraft (including a rented aircraft) may be used for official travel, the pilot must register with and obtain written approval from the CSU Executive Vice Chancellor/Chief Financial Officer or University President.

When private aircraft are used on University business, the appropriate campus officials are responsible for requiring that employees have adequate Bodily Injury, Property Damage, and Passenger Liability Insurance coverage. In addition, pilot and insurance requirements outlined in the CSU Travel Procedures and Regulations must be met.

361.7.2 Donor Provided Air Travel

Donor provided air travel involving private aircraft requires that campus Risk Management complete the “Donor Provided Plane Travel-Supplemental Form” to document pilot and insurance information. Travel itinerary, donor identity, pilot license number, pilot flight experience, aircraft description, evidence of insurance and endorsement of the University as an additional insured by the aircraft insurer will be documented on the Supplemental Form.

The completed Supplemental Form will be forwarded to the vice president for Administration and Finance for final approval prior to the use of the donated aircraft.

361.7.3 Student Air Travel

Any student air travel sponsored by, or pursuant to, a program of the University and any affiliated organizations, e.g., student clubs, academic programs, and enterprise projects, shall be conducted in ways which offer the least risk to the safety of participants and the least liability to the University. Use of scheduled or chartered air transportation services must be reviewed and approved by the appropriate respective campus administrator or their designee (i.e., executive director of the Associated Students, Inc., provost and executive vice president for Academic Affairs, executive director of the Cal Poly Corporation). Selection of air carriers, planning of travel itineraries, and conduct of student air travel shall be done prudently by employees with demonstrated good judgment and with paramount concern for the safety of program participants.

361.8.1 University Vehicles

University vehicles shall be used only in the conduct of official University business. This means “only when driven in the performance of, or necessary to, or in the course of, the duties of University employment.” Only University employees may drive University vehicles. The campus shall not loan or lease a University vehicle to an auxiliary organization.

361.8.2 University Vehicles

Employees may be authorized to use a privately-owned vehicle for official University business if the employee certifies that the vehicle being used is covered by standard liability insurance, adequate for the work to be performed, equipped with safety belts in operating condition, and in safe mechanical condition as required by law.

361.8.3 Commercial Rental Vehicles

Employees shall use one of the commercial vehicle rental companies currently under contract with the State of California when renting a vehicle for official University travel. If none of the contracted companies can provide vehicles in a specific location, employees may seek the services of a non-contract company.

361.8.4 Eligibility to Drive Vehicles on Official University Business

To be eligible to drive University-owned, privately-owned, and/or commercial rental vehicles on official University business, the vehicle driver must be a University employee and must have a valid California state driver’s license.

Drivers must certify they have no outstanding traffic warrants and have not been issued more than three moving violations or have been responsible for more than three at fault accidents (or any combination of more than three thereof) during the past twelve month period. Employees with unacceptable driving records should not be authorized by their supervisor to drive vehicles for University business purposes. RMEH&S shall be responsible for reviewing employee Motor Vehicle Driving Records, notifying supervisors of those employees whose driving records are poor and/or unacceptable, and recommending appropriate action.

361.8.5 Defensive Driver Training

RMEH&S shall be responsible for providing defensive driver’s training for University employees and student assistants as a part of Safety Training (CAP 362.2.2).

361.8.6 15-Passenger Vans

Use of multiple passenger vehicles can provide economical transportation for such University programs as academic field trips, athletic teams, activities and ride pooling to and from work. However, use of specialized vehicles requires increased efforts to address safety of operations related to the drivers, their supervisors, the vehicles and passengers. In order to minimize the frequency and severity of bodily injury or property damage related to the use of 15-passenger vans on University business, increased attention to risk control of drivers, passengers, vehicles, and operations is necessary.

Drivers of 15-passenger vans shall comply with the “California State University Use of University and Private Vehicles” policies and procedures which includes equipping the vans with passenger seatbelts and requiring their use. In addition and prior to driving a 15-passenger van, drivers shall be required to complete driver/passenger van safety training, submit a driver license/identification record information or driving record from the Department of Motor Vehicles, and have a Class B driver’s license* and a medical certification. RMEH&S shall provide the driver with written approval indicating that University requirements have been met upon submission of the required documentation. (*As University vanpool drivers are only driving 15-passenger vans to and from work, they are not required to have a Class B driver’s license.)

Employees supervising/assigning employees to drive 15-passenger vans shall ensure compliance with Cal Poly procedures, and that employees assigned to drive passenger vans on University business have completed the University requirements and have received written approval from RMEH&S. Employees that are regularly assigned to drive passenger vans on University business shall have this duty included in their position description.

361.8.7 Student Drivers on Academic Instructionally-Related Field Trips

Faculty members shall insure that each student driving a state-owned or privately-owned vehicle and transporting other students on academic/instructionally-related field trips, as directed and coordinated by the faculty member for his/her respective course, is appointed as a Volunteer Employee of the University in advance of the scheduled field trip. As an employee, the student will be provided coverage and defense as well as access to Worker’s Compensation coverage.

361.10.1

The purpose of this policy is to ensure that the University purchases, uses and operates all unmanned aircraft systems (UAS) in furtherance of its educational, research, and service missions, in compliance with applicable federal and state laws.

The Federal Aviation Administration (FAA) has jurisdiction over all navigable airspace in the United States, including all airspace proximate to the University. The FAA’s primary mission is to ensure the safe and efficient oversight and management of the national airspace system (NAS). All aircraft, whether manned or unmanned, are subject to FAA rules and regulations, and violations carry severe federal penalties. Additionally, both the Department of State (under International Traffic in Arms Regulations or ITAR) and the Department of Commerce (under Export Administration Regulations or EAR) regulate export control over various forms of unmanned aircraft systems (UAS) technology.

This policy applies to all UAS purchases, uses and operations conducted on, around, or originating from University property, and/or on behalf of the University, including activities conducted off campus on behalf of or affiliated with Cal Poly.

361.10.2 Definitions

Aircraft means any object invented, used, intended to be used, or designed to navigate, or fly, in the air.

Airspace means the airspace of the United States subject to regulation by the regulations of the FAA. Generally, this is all airspace other than indoors.

Certificate of Waiver or Authorization (COA) is an authorization from the Federal Aviation Administration to conduct unmanned aircraft flight operation, subject to specified limitations.

Civil Operation means any aircraft operation, including UAS, falling outside the scope of a public aircraft operation. Civil operations include commercial and private aircraft operations, as well as operations by publicly-owned (including University-owned) aircraft where the purpose is outside the definition of a public aircraft operation. All civil aircraft operations must be conducted in accordance with all applicable FAA regulations.

Commercial Purpose means the transportation of persons or property or other use of UAS for compensation or hire.

Governmental function means an activity undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement (including transport of prisoners, detainees, and illegal aliens), aeronautical research, biological or geological resource management. This list is not inclusive and other governmental functions may exist.

Unmanned Aircraft System (UAS) means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the navigable airspace of the United States under the regulatory authority of the Federal Aviation Administration (FAA).

University is defined as the California Polytechnic State University, San Luis Obispo, also known as “Cal Poly” and includes all auxiliaries, recognized student organizations, affiliated entities, volunteers, etc.

361.10.3 Policy

No UAS purchase, use and/or operation may be conducted by faculty, staff, students, auxiliaries or third parties (including, but not limited to, consultants, volunteers, contractors, vendors, or suppliers) on, or around University property, whether acting on behalf of the University or not, whether on or off Cal Poly property ,without: 1) prior review and approval by the University’s UAS Committee; 2) approval by the FAA (such as a COA and/or other authorization or exemption applicable to UAS operation) if needed; and 3) review and approval by the University’s Flight Readiness Committee. UAS use and/or operation by faculty, staff, students, or third parties on University property, including but not limited to recreational or hobby flight of model aircraft, is prohibited, except as approved by the UAS Committee. Use and/or operation means no take-offs, landings, or operations of any kind from University property or on behalf of the University on non-University property.

The University, in carrying out its educational, research, and service missions, may make use of UAS, when such operations are conducted in compliance with applicable FAA regulations, state and federal laws and University policies. As a “governmental instrumentality for the dissemination of knowledge and learning,” some Cal Poly UAS operations qualify as Public Aircraft Operations (PAO). Other Cal Poly UAS operations may not qualify as PAO, and must be conducted as civil aircraft operations. It is the responsibility of the operator to determine whether the specific operation qualifies as PAO or civil, and to comply with all relevant FAA regulations, and this policy.

A qualified PAO operation may require a certificate of waiver or authorization from the FAA that permits the University to fly UAS in furtherance of a governmental function. The University has committed to the FAA that it will not use any UAS operated under a COA for purposes that are not governmental functions.

Civil operations of Cal Poly UAS, including but not limited to commercial purposes, must be operated with authorization from the FAA, including but not limited to authorization through a Special Airworthiness Certificate, exceptions that may be granted under Section 333 of the FAA Modernization and Reform Act of 2012 (Section 333), or other applicable parts of 14 Code of Federal Regulations.

361.10.4 Unmanned Aircraft System (UAS) Committee

The UAS Committee is a committee established for the specific objective of overseeing UAS activity on campus or on behalf of the University. The Committee will report to Cal Poly’s Senior Vice President of Administration and Finance. The UAS Committee shall review all COAs or other requests and applications made to the FAA. The UAS Committee is the principal body by which the University ensures that it is meeting its obligations under federal and state laws applicable to UAS use. Membership on the UAS Committee should include members from research administration, security, safety and emergency management, risk management, academic affairs, legal, and at least one faculty or administrative member with UAS research expertise. Deliberations and recommendations by the UAS Committee should consider and conform with all other applicable University policies and review procedures including, but not limited to, the Institutional Review Board (e.g., for human subjects protection, if applicable), the Office of Research and Economic Development (for export controls and trade sanctions), and the International Center (i.e., for overseeing activity abroad).

Flight Readiness Review (FRR) Subcommittee: The FRR Subcommittee is a subcommittee established by the UAS Committee. The FRR Subcommittee conducts a technical assessment of the aircraft and system configuration, and operational limitations for a planned UAS activity to ensure an acceptable level of risk. The FRR Subcommittee may be composed of Cal Poly personnel and/or outside technical experts.

361.10.5 Scope of Authority and Responsibility for Review, Approval, and Monitoring of Use of UAS

The UAS Committee will review any proposed use or operation of UAS by any members of the Cal Poly community including faculty, staff, students, auxiliaries or by third parties. The UAS Committee will consider the legal issues and risk related to the UAS use and will apply relevant law and regulatory guidance in determining whether a proposed use or operation should be approved.

The UAS Committee will determine whether a proposed use or operation can be approved as described, requires modification to be approved, or should be denied. The UAS Committee shall only approve those uses and operations that it reasonably believes can be conducted in compliance with FAA regulations: to be a Governmental Function and therefore eligible for a Public Operations COA; to be within those areas of activity covered by other authorizations or exemptions that may be granted by the FAA to the University for Civil Operations; or to be covered by an authorization by the FAA for Civil Operations held by a third party, subject to an agreement between the University and the third party with respect to such services.

The UAS Committee may deny a proposed UAS use or operation on the basis of factors including, but not limited to: the proposed use or operation is not in compliance with FAA regulation; the proposed use or operation presents an unacceptable risk; the proposed use or operation is unethical; the proposed use or operation may generate unfavorable public relations; the proposed use or operation is prohibited by law without written consent of the property owner, and such consent has not and/or cannot be obtained; or the proposed use or operation is otherwise not in the best interest of the educational mission of Cal Poly.

The UAS Committee, with the assistance of the FRR Subcommittee, shall provide ongoing review of any use or operation approved and covered by a COA or other form of authorization provided by the FAA. The UAS Committee may, with the assistance of the FRR Subcommittee, develop and implement: standard operating procedures for use and operation of UAS; procedures for submission of a proposal to the UAS Committee; procedures for appeal of any denial of a proposed UAS use by the UAS Committee; and internal rules and procedures for the operation and administration of the UAS Committee, as may be consistent with this policy.

Only those uses approved by the UAS Committee may be covered by: a COA application submitted by the University to and approved by the FAA; an application submitted by the University for authorization for civil operations; or a public operations COA or other authorization from the FAA for civil operations held by a third party performing services on behalf of or collaborating with the University. Only the UAS Committee may submit an application for a public operations COA to the FAA and/or submit an application for authorization for civil operations to the FAA on behalf of the University, after consultation with University Counsel/Office of General Counsel.

The FRR Subcommittee may recommend suspension or termination of any use it deems inconsistent with the use or operation approved and/or the requirements of the applicable COA or other authorization granted by the FAA.

The UAS Committee may suspend or terminate any previous approval of UAS under this policy on the basis that actual use is inconsistent with the previous grant of approval and/or the requirements of an applicable FAA authorization.

361.10.6

Any University employee, student, or department purchasing a UAS (or the parts to assemble a UAS), or UAS services with university funds or funds being disbursed through the Cal Poly Corporation, Cal Poly Foundation, ASI or Grants Development, must contact Cal Poly’s Risk Management office in order to assess the University’s ability to obtain a Certificate of Authorization (COA) from the FAA, other necessary FAA exemptions, or meet local compliance requirements. Approval for purchase will be granted by the UAS Advisory Committee.

If approval is granted by the UAS Advisory Committee, the purchase must be submitted via a purchase requisition. Procurement Card (ProCard) or personal purchases (reimbursements) are not permitted.

361.11.1 Purpose and Scope

The purpose of these guidelines is to establish standards and protocols for the safety and protection of youth; to guide administrators, faculty, staff and volunteer conduct; and to facilitate the identification of high-risk interactions and program characteristics. These guidelines apply to Cal Poly and auxiliary sponsored activities which may take place on campus or off campus as well as to activities and events sponsored by a third party that take place on campus. This policy does not limit or replace other obligations and rights provided by law or other CSU/Cal Poly policies.

361.11.2 Definitions

Authorized Adult

Individuals, paid or unpaid, who are assigned to oversee, supervise, chaperone, or otherwise interact with Youth in and for Youth Program/Youth Activity. This could include, but is not limited to, employees, faculty, staff, coaches, students, volunteers, independent contractors, and other third parties.

• An Authorized Adult is considered to have high contact with or access to youth if, in connection with a Cal Poly program, they:
  • are involved with or responsible for the care, supervision, guidance, or control of youth; or
  • supervise those involved with the care, supervision, guidance, or control of youth; or
  • have routine interaction with youth; or
  • work with or around youth on more than one program; or
  • work with or around youth on a program that meets more than once every 12 months with youth or involves multiple interactions with youth; or
  • have the potential for unsupervised access with one youth; or
  • are a consistent and regular volunteer for programs involving youth; or
  • interact with youth on a frequent basis (multiple times within a week, month, or year).
• An Authorized Adult is considered to have low contact with or access to youth if, in connection with a Cal Poly program, they are always supervised by another adult when interacting with youth and have none of the engagement types listed above defining high contact.

Campus

All Cal Poly San Luis Obispo, state and auxiliary, owned, leased, rented, and/or affiliated locations.

Care, Custody and Control

When an individual has responsibility for supervision of a youth at any given point throughout the activity or youth program.

Chaperone

A person who accompanies and looks after a minor(s).

Child Abuse or Neglect

Refers to physical injury or death inflicted by other than accidental means on a child; sexual assault or sexual exploitation of a child including sexual intercourse between a child under 18 years of age and an adult 18 years of age or older, lewd or lascivious acts, and child molestation; negligent treatment or the maltreatment of a child by a person responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare; willful harming, injuring, or endangering a child; and unlawful corporal punishment.

Conference and Event Planning

a team within Cal Poly Partners that provides planning and coordination of events hosted on Cal Poly’s Campus.

Co-Sponsored Programs

A youth activity that is provided through a partnership between Cal Poly and a Third-Party. This does not include circumstances in which Cal Poly is only providing resources or facilities.

Live Scan

An electronic process of fingerprinting, identification, and background check of an individual. Live Scan background checks are to be conducted in accordance with CSU Technical Letter HR 2017-17.

One-on-One Interaction

any intentional interaction where an Authorized Adult is alone with a Youth.

Program Coordinator

The Program Coordinator is the appropriate Cal Poly or Conference and Event Planning administrator responsible for authorizing the Youth Program and ensuring the Youth Program follows the criteria set forth in these guidelines. The Program Coordinator will be identified as a central contact for Youth Program information.

• A Program Coordinator should be pre-designated for any program.
• A Program Coordinator can delegate the management of certain components of a Youth Program to a Program Director. The delegation is limited to the general oversight, day-to-day planning, coordination, and implementation of the Program and its essential components and does not alleviate the Program Coordinator from ultimate responsibility for applying these guidelines to their program.

Program Director

The Program Director provides general oversight of the program and manages day-to-day planning, including planning the activities intended for minors whether for a university-affiliated program or a third-party entity. The Program Director may also provide coordination and implementation of the program and its essential components, if so delegated by the Program Coordinator. The Program Director has the authority to make decisions concerning the program and is responsible for ensuring that protection of minors is the top priority.

Program Staff

Authorized Adults who have been assigned by Cal Poly, an auxiliary, or a Third Party, as part of their employment, to work for a Youth Program.

Third Party

A non-Cal Poly entity that is approved by Cal Poly to utilize Cal Poly facilities to operate a Youth Program. Cal Poly’s auxiliary organizations are not considered Third Parties.

University Facilities

Facilities and real property owned by, leased to, or under the direct control and supervision of Cal Poly or a Cal Poly auxiliary.

Volunteers

Authorized Adults who are not Program Staff. Prior to participating in a campus activity involving minors, Volunteers must read and sign the Volunteer Identification Form.

Youth Service Organization

means an organization that employs or utilizes the services of persons who, due to their relationship with the organization, are mandated reporters pursuant to (7) of subdivision (a) of Section 111.65.7 of the Penal Code.

Youth

The term “Youth” means any person under 18 years of age participating in not-for-credit Youth Programs.

Youth Program

An activity or event conducted or organized by Cal Poly, a Cal Poly auxiliary, or a Third Party (with Cal Poly’s approval) that includes Youth during which Cal Poly, the Cal Poly auxiliary, or the Third Party assumes the responsibility for the care, custody, and control of Youth participants. "Youth Program” does not include (1) activities or events which others, such as parents, guardians, or affiliated program leaders (e.g., schoolteacher, counselor, Chaperone) are responsible for the care, custody, and control of Youth participants, or (2) private events (e.g., birthday parties, weddings) that occur at Cal Poly facilities, or (3) events open to the general public (e.g., intercollegiate athletic events, concerts, campus tours), or (4) activities or events in the normal course of Cal Poly classes in which minor students are enrolled as Cal Poly students.

Youth Program Types

The Youth Program Type is to be identified in the Program Registration Form. The types of Programs are as follows:

• On-campus activities sponsored by Cal Poly: Activities involving Youth that occur at/on University Facilities and that are directed, sponsored, or overseen by a Cal Poly department or program involving campus employees and/or volunteers.
• Off-campus activities sponsored by Cal Poly: Activities involving Youth that occur off campus (i.e., property/facilities not owned or operated by Cal Poly) and that are directed, sponsored, or overseen by a Cal Poly department or program involving campus employees and/or volunteers.
• On-campus activities sponsored by Third Parties: Activities involving Youth that occur at/on University Facilities and that are directed, sponsored, or overseen by Third Parties.

361.11.3 Program Registration

All Youth Programs must be registered 60 days prior to beginning any programming activities that involve Youth. To register, the Program Coordinator will complete and submit a Youth Program Registration Form to Risk Management at youthprograms@calpoly.edu. Please find the registration procedure here.

361.11.4 Screening and Selection

Program Directors shall screen prospective Program Staff and Volunteers using Youth abuse protection best practices. Screening and selection of all necessary Program Staff and Volunteers must be completed no later than 10 business days prior to beginning any programming activities that involve youth.

Authorized Adult with high contact/access to Youth:

Screening and selection of individuals who have high contact/access to Youth should include the following:

• A standard application designed to screen for potential risk of misconduct or abuse; and
• Signed University Code of Conduct; and
• A multi-state criminal background check that includes an SSN trace for aliases and county-level information; and
• A national sex offender registry check; and
• Face-to-face interviews using behaviorally based, standardized questions designed to assess for potential risk of misconduct or abuse; and
• A minimum of three references, at least one of which is personal. References must be asked behaviorally based questions that assess abuse risk; and
• If employee/volunteer is a student, request clearance from student code of conduct office; and
• If the activity is a sports program, consider utilizing a Safe Sport Database search.

Authorized Adult with low contact/access to Youth:

Screening and selection of individuals who have low contact/access to Youth will include:

• A standard application designed to screen applicants for the potential to abuse; and
• Signed University Code of Conduct; and
• A national sex offender registry check; and
• When circumstances warrant, a multi-state criminal background check that includes county-level information.

361.11.5 Live Scans

All Program Staff and Volunteers working directly with or having access to Youth in a Youth Program must successfully pass a Live Scan prior to commencing their work.

Risk Management will forward the list of personnel provided in the Youth Program Registration Form to the Human Resources departments for both Cal Poly and any auxiliary, who will then work directly with the personnel to complete the process and notify Risk Management after the process is complete. Campus Human Resources can be reached at humanresources@calpoly.edu. ASI Human Resources can be reached at asihr@calpoly.edu and Cal Poly Partners Human Resources can be reached at cpchr@calpoly.edu.

361.11.6 Training

Training helps to ensure Program Staff and Volunteers have the knowledge and skills to keep Youth safe and minimize the potential for abuse in Youth Programs. All Program Staff and Volunteers must complete Youth abuse prevention and other training as assigned by the Civil Rights & Compliance Office.

Program Staff and Volunteers will be identified in the Youth Program Registration Form. The Civil Rights & Compliance Office will assign training to the Program Staff and Volunteers, which must be completed before any activities with Youth.

361.11.7 Third Party Facility Leases

Third Parties wishing to use University property, facilities or services to conduct Youth Programs on campus consistent with this policy are required to contact Conference and Event Planning for coordination and approval of their event/activity prior to engaging in any activity involving Youth. It is the responsibility of the Program Coordinator to ensure that any written agreement between Cal Poly and the Third-Party is drafted and executed by the proper Cal Poly binding authority prior to the start of any Youth Program. Risk Management will be consulted as appropriate, to ensure the Third Party implements Youth protection practices.

361.11.8 Reporting Duties Applicable to Program Staff and Volunteers

The California Child Abuse and Neglect Reporting Act (CANRA)

Pursuant to CSU’s policy for Mandatory Reporting of Child Abuse and Neglect (Code 1083), Program Staff and Volunteers must report incidents of abuse as specified in CANRA.

All Program Staff are General Reporters (e.g., personnel whose duties involve regular contact with children or who supervise such personnel). All General Reporters must report observed, or suspected, child abuse and/or neglect, no matter where it occurs. Volunteers are Limited Reporters and must report child abuse or neglect only if it occurs on CSU premises, or at an official activity of, or program conducted by, the CSU.

Under CANRA, the following incidents must be reported:

• Physical injury inflicted by other than accidental means on a child.
• Sexual abuse, meaning sexual assault or sexual exploitation of a child.
• Neglect, meaning the negligent treatment or maltreatment of a child by a parent or legal guardian under circumstances indicating harm or threatened harm to the child’s health or welfare.
• Willful harming or injuring or endangering a child, meaning a situation in which any person inflicts, or willfully causes or permits a child to suffer, unjustifiable physical pain or mental suffering, or causes or permits a child to be placed in a situation in which the child or child’s health is endangered.
• Unlawful corporal punishment or injury, meaning a situation where any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition.

Before making a report, a reporter should not conduct their own investigation and they need not be certain that mistreatment has occurred. Their report of suspected child abuse must be made to University Police immediately or as soon as practically possible. University Police can be reached at 805-756-2281. Mandated reporters are not civilly or criminally liable for their reports (Penal Code § 11167(d)).

After making the report to University Police, reporters must complete and submit the Department of Justice form SS 8572 (Attachment D of Executive Order 1083) to University Police within 36 hours of coming into information regarding the incident of suspected abuse or neglect. Reporters must also report any suspicious or inappropriate behaviors on the part of other personnel, Volunteers, or other Youth, immediately, or as soon as practically possible by contacting the University Police Department 805-756-2281. Individuals who knowingly or intentionally file a false report or provide false or misleading information in connection with an investigation may be subject to disciplinary action up to and including termination of employment, or expulsion. Failure to report may result in criminal penalties.

The Jeanne Clery Campus Safety Act (Clery Act)

All Program Staff and Volunteers are designated as Campus Security Authorities. The Clery Act requires individuals designated as Campus Security Authorities (CSAs) to immediately report any Clery crimes reported to them and that occur on campus Clery geography. Clery crimes should be reported to the Cal Poly Police using the Clery Incident Reporting Form or calling (805) 756-2281.

The CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation (Nondiscrimination Policy)

All CSU employees are also Responsible Employees under the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation (Nondiscrimination Policy), and have a duty to promptly report all information available about incidents falling under this policy to the Civil Rights & Compliance Office at crco@calpoly.edu.

361.11.9 Parent/Guardian Participation Agreement & Liability Waiver Form

For all Youth Programs, the adult parent or legal guardian is required to sign and submit a university participation agreement and liability waiver prior to Youth participation. The Program Director is responsible for ensuring the Youth Program retains the forms and keeps them on file for all participants.

The Program Director shall also submit a signed Liability Waiver for each Youth Program participant via email to Risk Management at youthprograms@calpoly.edu.

361.11.10 Program Staff Code of Conduct

Program Staff and Volunteers working with Youth shall abide by the following conduct guidelines:

• Program Staff and Volunteers shall not engage in inappropriate sexual touching, comments, jokes, or sharing sexually explicit materials with Youth including printed or online pornography.
• Program Staff and Volunteers shall not touch Youth in a manner that a reasonable person could interpret as inappropriate as outlined in this Code of Conduct. Any touching should generally only be done in the open and in response to a Youth’s needs or in furtherance of the educational aspect of the Youth Program.
• Program Staff and Volunteers should never be alone with a single Youth. Interactions should follow the “rule of three,” meaning three individuals are present. Two Youth and one adult is acceptable, but the preference is there be two adults whenever possible. If a one-on-one interaction is required, it must be authorized in writing by a Program Coordinator or Program Director. This provision does not apply in the event of an emergency.
• Youth-to-Youth and Youth-to-adult meetings should be in open, well illuminated spaces or rooms with windows that are observable by other authorized Program Staff and Volunteers.
• Program Staff and Volunteers are not to be alone with Youth outside the scope of the Youth Program except with the express consent of the Youth’s parent/guardian.
• Program Staff and Volunteers will not use profanity or tell off-color jokes in the presence of Youth.
• Program Staff and Volunteers will not discuss their sexual encounters or dating history with or around Youth or in any way involve Youth in their personal problems or issues.
• Program Staff and Volunteers will not date or become romantically involved with Youth.
• Program Staff and Volunteers will not use or be under the influence of alcohol or illegal drugs in the presence of Youth in Youth Programs, while supervising Youth Programs, or while Youth are in the care, custody, or control of Youth Programs.
• Program Staff and Volunteers will not share secrets with Youth.
• Program Staff and Volunteers will not stare at or comment on Youth’s bodies.
• Program Staff and Volunteers will not engage in inappropriate electronic communication with Youth. Program Staff and Volunteers will not share personal contact information with Youth. Program Staff and Volunteers will use Cal Poly-issued email for all correspondence with Youth, if necessary, and follow the rule-of-three while engaging in correspondence with Youth.
• Program Staff and Volunteers are not allowed to communicate with Youth via social media with the exception of Cal Poly or auxiliary owned accounts. The use of personal accounts to interact with Youth is prohibited.

By this policy, Cal Poly does not purport to control Program Staff and Volunteers in their personal lives or in connection with non-Program contact with Youth that is approved by the parent/guardian of the Youth.

361.11.11 Procedures

361.11.12 Cal Poly Affiliated State Licensed Childcare Programs

Cal Poly affiliated state licensed childcare programs, located on the California Polytechnic State University-San Luis Obispo campus, are exempt from this policy.

These programs are state licensed childcare programs under the California Department of Social Services Community Care Licensing. Within this licensure, both programs are required to follow the regulations identified in the California Code of Regulations, Title 22, Division 12 and all California Health and Safety Code references included in Title 22. In addition, as a contracted vendor of subsidized childcare through the California Department of Education (California State Preschool Program-CSPP) and the California Department of Social Services (General Childcare-CCTR), the Orfalea Family and ASI Children's Center is also required to uphold the regulations identified within the California Code of Regulations, Title 5.

362.1.1 Hazardous Waste Control

All hazardous waste materials shall be handled, stored, managed, and disposed in compliance with applicable federal and state laws and regulations.

362.1.2 Water Pollution Control

No hazardous waste or other materials prohibited by the campus Non-Industrial Waste Discharge Permit shall be placed in a campus sanitary sewer. No waste materials, other than storm runoff, shall be placed in a campus storm sewer or creek.

362.1.3 Air Pollution Control

All stationary sources of air pollution (engines, boilers, spray booths, etc.) shall have a permit or exemption issued by the San Luis Obispo County Air Pollution Control District prior to installation and operation. The University shall implement transportation control measures consistent with its Trip Reduction Plan in response to the San Luis Obispo County Air Pollution Control Board’s Clean Air Plan.

362.2.1 Health and Safety Inspection

Scheduling and performance of regular and systematic inspection processes for all departmental areas shall be the responsibility of the respective department administrator.

362.2.2 Safety Training

Employees and students shall receive appropriate general and specific training prior to initial assignment of work. All training shall be documented in writing (i.e., content, dates, and attendance). Supervisors shall be responsible for ensuring that respective employees receive general and specific training prior to assignment on the job. Supervisors shall be responsible for ensuring that employees are trained whenever new substances, processes, procedures or equipment are introduced to the workplace which represent a new hazard or whenever the supervisor receives notification of a new or previously unrecognized hazard.

362.2.3 Hazardous Materials Inventory

Deans, directors, and/or department heads/chairs shall develop and maintain an inventory of all hazardous materials present in all areas under each program’s control. A copy of each inventory shall be provided to RMEH&S annually, or when new materials are added to the inventory.

362.2.4 Hazard Assessment

Deans, directors, and/or department heads/chairs shall be responsible for ensuring that health, safety, and environmental compliance concerns are assessed and addressed prior to entering into new activities, operations, or processes. This assessment and response shall be documented.

362.2.5 Injury and Illness Investigations

Program management shall ensure that all injuries and illnesses related to campus operations and programs are investigated by the supervisor of the injured party. Findings and corrective actions shall be reported to RMEH&S.