C.5. Minors on Campus Policy
1. Scope
Middlebury College (“Middlebury”) is committed to providing an environment that is safe and secure for all individuals who participate in its programs, including minors. This policy applies to all Middlebury faculty, staff, students, volunteers, and third parties who supervise or otherwise interact with minors on Middlebury property or in connection with any Middlebury program.
2. Definitions
Minor: A person under the age of 18 years old.
College Property: All land and buildings owned, leased or used by Middlebury.
Program: Includes but is not limited to camps, sports clinics, classes, events, workshops, athletic competitions, fundraisers, community-based programs, employment at Middlebury, campus temporary housing, admissions programs and, in the case of an enrolled minor-student, all normal Middlebury activities and programs.
Minor Children of Employees or Guests on Campus
Minors who are on campus with one or both of their parents, legal guardians or other adult individual(s) and who are not actively participating in a Middlebury program at the time of an event or incident that is covered by this policy are deemed to be under the care, custody, supervision and control of said parent(s), guardian(s) or adult individual(s). Middlebury will not attempt or endeavor to care for, protect or control such minors, on the assumption that those duties are being performed by their parents, guardians, or other responsible adult(s). However, sections 3, 7, 8, 9 & 10 of this policy apply to incidents involving such minors. If Middlebury receives a report of alleged prohibited behavior under this policy that involves such a minor and an individual over whom Middlebury has some measure of control, Middlebury will endeavor to undertake an investigation and to take appropriate remedial action.
Program Sponsor: The department, club, organization, student, faculty, staff person, volunteer, or third party sponsoring the program.
Authorized Adult: Students, faculty, staff, volunteers, or third parties who have been background checked and approved to supervise or otherwise interact with minors.
3. Prohibited Conduct
All program sponsors, authorized adults, or any other individual who supervises or interacts with minors on Middlebury property or in connection with Middlebury programs are expected to conduct themselves appropriately and maintain the highest standards of professionalism, ethics, and personal behavior. Prohibited conduct includes, but is not limited to, any of the following behaviors directed towards a minor and/or in the presence of a minor:
*Sexually abusing a minor or placing a minor at significant risk of sexual abuse
*Harming a minor by physical injury, abuse, neglect, emotional maltreatment, or abandonment
*Placing a minor at significant risk of physical or emotional harm
*Sexually provocative games
*Inappropriate touching, including but not limited to contact with the minor’s buttocks, groin, breasts, mouth, or genitals, or where the minor is required or encouraged to have inappropriate contact with the buttocks, groin, breasts, mouth or genitals of another
*Harassment, sexual misconduct, domestic violence, dating violence, stalking or related retaliation as defined by Middlebury’s Non-Discrimination Policy.
*Hazing as defined by Middlebury’s Policy Against Hazing.
*Other misconduct as defined by Middlebury’s conduct policies.
*Providing alcohol or other illegal substances to a minor
*Threatening, intimidating, coercive or demeaning behavior
*Retaliation as defined in Section 10, below.
4. Authorization to Work with Minors
Criminal background checks will be performed on all new full-time and part-time benefits-eligible candidates prior to their employment at Middlebury. Other part-time candidates will be subject to criminal background checks if warranted by their specific job responsibilities.
In all cases, the following individuals must be criminal background checked and approved before they may work directly with any minor who participates in any Middlebury program or any program that occurs on Middlebury property:
*Any staff, faculty, student, volunteer or third party who works at any Middlebury-sponsored sports camp or clinic, or who works at any sports camp or clinic sponsored or conducted by another entity that takes place on Middlebury property
*Any staff, faculty, student, volunteer or third party who provides instruction to minors who are not enrolled in any Middlebury program (e.g., educational instruction, swim lessons, music lessons or skating lessons to local youth)
*Public Safety Officers
*Third parties who provide child care on Middlebury property
*Employees who have regular access to student residence spaces (e.g., CRDs, custodial staff, bilingual assistants)
*Other categories of employees or third parties as deemed appropriate by Middlebury
Exception: This section does not apply to current employees, students, volunteers or other third parties who:
*Provide medical care or counseling to minors who are enrolled in any Middlebury program.
*Teach, supervise, counsel, or otherwise interact with minors who are enrolled in any Middlebury program.
*Interact with prospective student-athletes or other prospective students in connection with Middlebury’s recruiting and admissions programs
*Host their own guests on campus.
*Participate in community service programs (unless the program sponsor requires a background check).
*Participate in internship programs (unless the program sponsor requires a background check)
*Are authorized by another school (e.g., local high school or middle school) to work with minors in connection with sports camps, clinics, practices, games or other activities that take place on Middlebury property.
5. Ratio of Authorized Adults to Minors Participating In College Programs
Except as otherwise stated below or mandated by law in the applicable jurisdiction, the ratio of authorized adults/minors during College programs should be as follows:
| Age of youngest participant | Number of Authorized Adults | Maximum number of participants |
| Under age 4 | Please refer to Vermont rules for child care centers | Please refer to Vermont rules for child care centers |
| 4 and 5 years old | 1 | 5 |
| 6 to 8 years old | 1 | 6 |
| 9 to 14 years old | 1 | 8 |
| 15 to 17 years old | 1 | 10 |
These ratios do not apply to sports-related events, camps, practices or games involving children who are between 12 and 18 years old. In those circumstances, a reasonable level of supervision appropriate to the activity is required and approval must be obtained from the appropriate Middlebury department (i.e., Athletics Department, Business Services, or Student Affairs) prior to the event.
6. Other Procedures Applicable to Minors Participating in Middlebury Programs
A. Release forms
All participants in events including minors must complete a release form, which is available online at the Business Services Office and the parent or legal guardian must sign the form on behalf of the minor. The form must include a detailed description of the program, including a description of the level of supervision that will be provided while the participants are engaged in the program activity and, if applicable, the level of supervision that will be provided, if any, outside of the program’s hours of operation (e.g., while they are staying at and/or being transported to and from, a local hotel, motel, or residence for the duration of the program).
B. Pick up and Drop off (Students Not Enrolled in Middlebury’s Academic Programs)
At least one authorized adult must be present when minors are dropped off and picked up. A procedure must be in place to ensure that the person who picks up the minor is authorized to do so.
C. Information About Minors
With respect to all minors participating in Middlebury programs (including employment at Middlebury) or any other programs on Middlebury’s campus, the program sponsor must have appropriate contact information. This includes the name(s), address(es), and telephone number(s) of the minor’s parents or guardians.
Only those who have a legitimate need to know should have access to information about minors. Otherwise, information about minors should not be disclosed (e.g., authorized pick-up and drop off of parties, the name and address of overnight stay locations, and any other information that could be used to lure a child).
7. Reports to Middlebury Officials
In case of an emergency or if safety is of immediate concern, dial 911.
Any person who has reasonable cause to believe that a child has been abused or neglected or that anyone has engaged in prohibited conduct involving a child as defined in Section 3 of this policy should contact the Department of Public Safety (802.443.5911; Vermont campus), other campus safety/security personnel applicable to the program at issue, and/or the appropriate supervisory authority for the program at issue (see contact information in Appendix A, below). In addition, certain individuals are required by law to report incidents of abuse, neglect, or other crimes involving minors to local or state law enforcement authorities or other appropriate agencies (see Sections 8 & 9, below).
Depending on the circumstances, reports may also be referred by Middlebury officials to local or state law enforcement authorities or other appropriate agencies (see also Sections 8 & 9, below).
Complaints or reports under this policy will be addressed in accordance with existing policies, contracts, and/or appointment letters applicable to the individual and/or program at issue (e.g., Student Life Policies-General Disciplinary Processes [undergraduate students]; Language Schools policies [language schools students]; Bread Loaf School of English policies [Bread Loaf students]; Middlebury Institute policies [Institute students]; Employee Handbook, Faculty Handbook, or other policies, contracts or appointment letters applicable to the faculty or staff member for the particular program at issue). If the complaint includes allegations of sexual misconduct, domestic violence, dating violence, stalking, or harassment, the matter will be addressed in accordance with Middlebury’s Non-Discrimination Policy. Complaints against undergraduate students who are enrolled in another Middlebury program at the time the alleged conduct occurred may be addressed in accordance with that program’s disciplinary processes and/or in accordance with Middlebury’s Student Life Policy-General Disciplinary Processes, as appropriate. Complaints against student employees may be addressed in accordance with applicable employment policies and/or Middlebury’s Student Life policies, as appropriate.
8. Mandated Reporting Under Vermont Law and Other Applicable State Laws
Under Vermont law (33 V.S.A. § 4913), certain individuals who reasonably suspect abuse or neglect of a child are required to make report in accordance with the provisions of 33 V.S.A. § 4914 within 24 hours of the time information regarding the suspected abuse or neglect was first received or observed. The report must be made within 24 hours to the Vermont Department for Children and Families (“DCF”) (24 hour hotline: 1.800.649.5285). Individuals with mandatory reporting obligations are listed below.
The following professionals are required to report:
- Health care provider, including any physicians (including resident physicians and interns), surgeons, osteopaths, chiropractors, physician's assistants, hospital administrators, nurses, medical examiners, dentists, psychologists, pharmacists, emergency medical personnel, or other health-care providers
- An individual who is employed by a school district or an approved or recognized independent school, or who is contracted and paid by a school district or an approved or recognized independent school to provide student services, including school superintendents, teachers, student teachers, school librarians, child care workers, school principals, school guidance counselors, mental health professionals, or social workers
- Employees, contractors, and grantees of the agency of human services who have contact with clients
- Probation officers, police officers
- Camp owners, camp administrators or camp counselors (camp includes any residential or nonresidential recreational program)
- Members of the clergy
A mandatory reporter (as defined under Vermont law) who fails to report as required above may be subject to fines or imprisonment (see 33 V.S.A. § 4913 (h)).
In addition to the above mandated reporters, Vermont law provides that any other person who has reasonable cause to believe that a child has been abused or neglected may report or cause a report to be made to DCF in accordance with 33 V.S.A. § 4914.
Any person other than a person suspected of child abuse, who in good faith makes a report to the Department shall be immune from any civil or criminal liability which might otherwise be incurred or imposed as a result of making the report (see 33 V.S.A. § 4913).
A person may not refuse to make a report required by law on the grounds that making the report would violate a privilege or disclose a confidential communication, except that a member of the clergy shall not be required to make a report under 33 V.S.A. § 4913 if the report would be based on information received in a communication which is: (1) made to a member of the clergy acting in his or her capacity as a spiritual advisor; (2) intended by the parties to be confidential at the time the communication is made; (3) intended by the communicant to be an act of contrition or a matter of conscience; and (4) required to be confidential by religious law, doctrine or tenet.
When a member of the clergy receives information about abuse or neglect of a child in a manner other than as described above, he or she is required to report on the basis of that information even though he or she may have also received a report of abuse or neglect about the same person or incident in the manner described in the previous paragraph.
Reports shall be made orally or in writing to DCF. Reports shall contain the name and address or other contact information of the reporter as well as the names and addresses of the child and the parents or other persons responsible for the child's care, if known; the age of the child; the nature and extent of the child's injuries together with any evidence of previous abuse and neglect of the child or the child's siblings; and any other information that might be helpful in establishing the cause of the injuries or reasons for the neglect as well as in protecting the child and assisting the family (see 33 V.S.A. §4914).
The name of and any identifying information about either the person making the report to DCF or any person mentioned in the report shall be confidential unless:
- The person making the report specifically allows disclosure.
- A Human Services Board proceeding or a judicial proceeding results from the report.
- A court, after a hearing, finds probable cause to believe that the report was not made in good faith and orders the Department to make the name of the reporter available.
- A review of the allegation is requested and DCF determines that identifying information can be provided without compromising the safety of the reporter or the persons mentioned in the report.
Under Vermont law, Middlebury is prohibited from taking any adverse employment action against an employee on the basis that he/she made a good faith report of suspected child abuse to the DCF.
Mandatory state law reporting requirements applicable to Middlebury programs in California, New Mexico, and Washington, D.C., are set forth in Appendix B.
9. Mandated Reporting of Crimes Under Federal Law
Certain College employees are “Campus Security Authorities” (“CSA”) and are therefore required under federal law (the “Clery Act”) to report suspected crimes that have occurred on College property, on all public property (including thoroughfares, streets, sidewalks, and parking facilities) that is within the campus, or immediately adjacent to and accessible from the campus, and on certain nonpublic property (such as any building or property owned or controlled by the College that is used in direct support of, or in relation to, the College’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the College). A list of CSA's can be found here.
10. Retaliation
Retaliating directly or indirectly against a person who has in good faith made a report under this policy or participated in an investigation is prohibited. Retaliation includes but is not limited to ostracizing the person, pressuring the person to drop or not support the complaint or to provide false or misleading information, or engaging in conduct that may reasonably be perceived to affect adversely that person's educational, living, or work environment. Depending on the circumstances, retaliation may also be unlawful, regardless of whether the complaint is ultimately found to have merit.
APPENDIX A: Contact Information for All Middlebury Programs
CONTACT INFORMATION FOR MIDDLEBURY PROGRAMS IN VERMONT
Department of Public Safety
Middlebury College
125 S. Main St.
Middlebury, VT 05753
802.443.4911
Middlebury Police or Vermont State Police
802.388-3191 802.388-4919
Emergency: 911
Vermont Department of Children and Families
(24 hour hotline: 1.800.649.5285)
Civil Rights and Title IX Coordinator
Butterfly Blaise Boire
Middlebury College
Service Building 213
Middlebury, VT 05753
802.443.2147
bboire@middlebury.edu
Senior Human Relations Officer
Thaddeus Watulak
Middlebury College
Service Building 215
802.443. 5741
twatulak@middlebury.edu
Human Relations Officer
Cameron Connah
Middlebury College
Service Building 212
802.443. 3324
cconnah@middlebury.edu
Alternate Human Relations Officers
Laura Carotenuto
Middlebury College
Human Resources
Marble Works 120
Middlebury, VT 05753
802.443.2012
lcaroten@middlebury.edu
Associate Dean for Judicial Affairs and Student Life
Brian Lind
Middlebury College
Service Building 217
802.443.5385
blind@middlebury.edu
CONTACT INFORMATION FOR MIDDLEBURY PROGRAMS OUTSIDE OF MIDDLEBURY, VERMONT
Bread Loaf School of English, Ripton, VT
Emily Bartels, Director
4229 Ripton, Route 125
Middlebury, VT 05753
802.443.5418
ebartels@middlebury.edu
Lyndon Dominique, Associate Director
4265 Ripton, Route 125
Middlebury, VT 05753
802.443.5418
ldominique@middlebury.edu
Department of Public Safety
Middlebury College
125 S. Main St.
Middlebury, VT 05753
802.443.4911
Vermont State Police
802.388-4919
Emergency: 911
Vermont Department of Children and Families
(24 hour hotline: 1.800.649.5285)
Bread Loaf School of English, Santa Fe, NM
Holly Laird and Lars Engle
Office: 102 Anderson
505.995.4084
Holly_Laird@breadnet.middlebury.edu
Lars_Engle@breadnet.middlebury.edu
St. Johns College Security Department
505.984.6000 or 505.984.6025 or 505.660.8177
Dial 0 from any Campus Phone
Jim Ardis, Director of Security and Safety
505.984.6125
Santa Fe, New Mexico Police Department
2515 Camino Entrada
Santa Fe, NM 87507
Mailing: P.O. Box 909
Santa Fe, NM 87504-0909
505.955.5033 or 505.955.5006
Fax: 505.955.5052
Emergency: 9-1-1
New Mexico Children Youth and Families Department
1.855.333.SAFE
Bread Loaf School of English, Oxford, United Kingdom
Jeri JohnsonExeter College
Oxford OX2 3DP
United Kingdom
011.44.1865.279608
Jeri.johnson@exeter.ox.ac.uk
Middlebury Institute of International Studies at Monterey
Human Relations Officers
Ashley Fera Arrocha (Title IX Coordinator Designee for the Institute)
Associate Dean of Student Services
Office of Student Services
440 Van Buren Street
Monterey, CA 93940
831.647.4654
aarrocha@miis.edu
Michael Ulibarri
Human Resources Manager
Human Resources Department
460 Pierce Street
Monterey, CA 93940
831.647.6404
mulibarr@miis.edu
Campus Security
831.647.4153
Local Police Department
Monterey Police Department 351 Madison Street Monterey, CA 93940
Emergency: Call 911
831.646.3914
California Department of Social Services
(831) 755-4400
MiddCORE Summer Program, Monterey, CA
Christal Brown, Director
Mahaney Center for the Arts 116
802-443-5677
christal@middlebury.edu
Campus Security
831.647.4153
Local Police Department
Monterey Police Department 351 Madison Street Monterey, CA 93940
Emergency: Call 911
831.646.3914
California Department of Social Services
(831) 755-4400
Middlebury Schools Abroad
Carlos Velez
Interim Dean of International Programs
Sunderland Language Center 128
Middlebury, VT 05753
802-443-5745
velezbla@middlebury.edu
Middlebury School of the Environment
Curt Gervich, Co-Director
Sunderland Language Center 206
Middlebury, VT 05753
802-443-3100
cgervich@middlebury.edu
Liou Xie, Co-Director
Sunderland Language Center 206
Middlebury College
Middlebury, VT 05753
802-443-3100
lxie@middlebury.edu
DISTRICT OF COLUMBIA
Emergencies: Dial 911
Washington DC Metropolitan Police Department
300 Indiana Avenue, NW
Washington, DC 20001
Telephone: 202-727-9099
TTY: 711
mpd@dc.gov
Second District Station
3320 Idaho Avenue, NW
Washington, DC 20016
Phone: 202-715-7300202-715-7300
Child and Family Services Agency
202.671.SAFE or 202.671.7233
APPENDIX B: Mandatory Reporting Laws in California, New Mexico, and Washington, D.C.
I. California
Under California law, Cal. Penal Code § 11164-11174.3, certain individuals are required to report any incident where they have knowledge, observe, or reasonably suspect that a minor has been abused or neglected. The report must be made immediately or as soon as practically possible by phone to a county welfare department, probation department (if it is designated by the county to receive mandated reports), or to a police or sheriff’s department (not including a school district police or security department). A written report must be submitted on a Department of Justice form within 36 hours (forms are available here: https://oag.ca.gov/childabuse/forms). Individuals with mandatory reporting obligations are listed below.
The following is a non-exhaustive list of professionals who are required to report:
- Clergy members and any custodian of records of a clergy member
- Child care providers
- Educators
- Law enforcement
- Medical professionals
- Mental health professionals
- Commercial film and photographic print processors
A complete list of mandated reporters is provided in California Penal Code section 11165.7.[1]
In addition to the above mandated reporters, California law provides that “any other person” who has knowledge, observes, or reasonably suspects that a child has been abused or neglected may make a report to a county welfare department, probation department (if it is designated by the county to receive mandated reports), or to a police or sheriff’s department (not including a school district police or security department). California Penal Code sections 11166(g), 11165.9.
There are certain exceptions to the mandatory reporting requirement based on privilege. A clergy member who acquires evidence during a penitential communication is not required to report. The attorney-client privilege is preserved, such that a lawyer or his/her agent is not required to report. Reports shall contain the name, business address, and telephone number of the mandated reporter and the capacity that makes the person a mandated reporter. One who reports but is not a mandatory reporter is not required to include his/her name.
The identity of the person making the report shall be confidential and disclosed only among agencies receiving and investigating mandated reports, to the prosecutor in a criminal proceeding or appointed counsel, unless the person reporting waives confidentiality or disclosure is required by court order.
Under California law, Middlebury and its affiliates are prohibited from sanctioning an employee on the basis that s/he made a report of suspected child abuse, nor is the employer able to impede or impair the reporter’s reporting duties or require that the reporter disclose his or her identity to the employer.
II. New Mexico
Under New Mexico law, N.M.S.A.. § 32A-4-3, certain individuals are required to report any incident where the person knows or has a reasonable suspicion that a minor has been abused or neglected. The report must be made immediately to a local law enforcement agency, the Children, Youth, and Families Department, or a trial law enforcement or social services agency for any Indian child residing in an Indian county.
It is established that following professionals are required to report:
- Licensed physician, resident or intern, a registered nurse
- Law enforcement officer
- A school teacher or official
- A social worker acting in an official capacity
- A member of the clergy
In addition to the above mandated reporters, it is presently an open question whether “every person” with knowledge or a reasonable suspicion of abuse or neglect is a mandated reporter under New Mexico law. [2]
A person may not refuse to make a report required by law on the grounds that making the report would be privileged as a matter of law, except for a member of the clergy. Reports shall contain the name, address, and telephone number of the reporter.
A person reporting an instance of alleged child neglect or abuse is immune from civil or criminal liability, unless the person reporting acted in bad faith or with malicious purpose. New Mexico law does not, however, explicitly state that the reporter’s identity will remain confidential, nor does it explicitly protect the reporter from retaliation by his/her employer.
III. Washington, D.C.
Under Washington D.C. law, D.C. Code § 4-1321.02, certain individuals are required to report any incident where they know or have reasonable cause to suspect that a minor has been abused or neglected. The report must be made immediately to either the Metropolitan Police Department of the District of Columbia or the Child and Family Services Agency. Individuals with mandatory reporting obligations are listed below.
The following is a non-exhaustive list of professionals who are required to report:
- Child and Family Services Agency employees, agents, and contractors
- Every physician, psychologist, medical examiner, dentist, chiropractor, registered nurse, licensed practical nurse, person involved in the care and treatment of patients
- Law enforcement officers
- School officials, teachers, athletic coaches
- Domestic violence counselors
- Mental health professionals
Whenever a person is required to report in his or her capacity as a member of the staff of a school, she or he shall immediately notify the person in charge of the institution, or his or her designated agent, who shall then be required to make the report. This requirement does not relieve the staff-member of his or her obligation to make a report to the Metropolitan Police Department of the District of Columbia or the Child and Family Services Agency.
In addition to the above mandated reporters, Washington D.C. law provides that any other person may make a report to the Metropolitan Police Department of the District of Columbia or the Child and Family Services Agency.
The Washington D.C. statute does not explicitly state whether a party may refuse to make a report otherwise required by law on the basis of privilege. The report shall contain include:
- The name, age, sex, and address of (A) the child who is the subject of the report; (B) each of the child's siblings and other children in the household; and (C) each of the child's parents or other persons responsible for the child's care;
- The nature and extent of the abuse or neglect of the child and any previous abuse or neglect, if known;
- All other information which the person making the report believes may be helpful in establishing the cause of the abuse or neglect and the identity of the person responsible for the abuse or neglect.
If the reporter was required to report under Washington D.C. law, the report must also contain the identity and occupation of the source, how to contact the source, and a statement of the actions by the source concerning the child.
Washington D.C. law does not specifically address the confidentiality of the identity of the reporter or provide any protections to the reporter against retaliation or adverse employment action.