Revised as of June 14, 2017
Section 1: General Statement
The Nevada System of Higher Education ("NSHE") is committed to maintaining a supportive and safe educational environment, one which seeks to enhance the well-being of all members of the NSHE community, which includes creating a secure environment for children who may participate in NSHE programs or activities, or be present at NSHE facilities or events.
The NSHE procedures for the protection of children are intended for the protection of all children who participate in NSHE events or activities for children including NSHE students who are children.
Section 2: Children Welcome on Premises
Children are permitted at events and venues open to the public on NSHE property; however, NSHE reserves the right to determine whether selected events or venues are appropriate for unescorted or unsupervised children.
Section 3: Definitions
- "Child" or "children" means a person or persons under the age of 18, or if in high school, until graduation from high school.
- "Children's program" means any activity or program sponsored by TMCC that is specifically intended to involve children and facilities, including entire buildings or parts of buildings, which children are encouraged to use. TMCC's credit or non-credit classes which are not marketed or promoted for children specifically are not children's programs. Also, events in buildings or parts of buildings which the entire College community is encouraged to use and children are not specifically encouraged to use are not children's programs.
- "Level 1 children's program" means a children's program which is less than one day and does not occur on a reoccurring basis within one year, or where the parent or person designated by the parent accompanies a child for substantially the entire time. Examples of such programs are "bring your son/daughter to work day" and campus tours.
- "Level 2 children's program" is any children's program that does not meet the criteria of a level 1 children's program.
- "Volunteer" means any individual who is working at TMCC pursuant to a volunteer agreement approved by TMCC's general counsel.
- "Faculty" means any individual, whether compensated or not, who teaches any TMCC class or program.
- "Employee" means any person, including faculty, who is employed or is a volunteer at TMCC. A person who meets the definition of employee of this procedure does not establish them as an employee for any other purpose.
- "Registered offender" means any individual required to register as a sex offender or offender convicted of a crime against a child under federal or state law, including Chapter 179D of Nevada Revised statutes, regardless of whether that individual is under supervision by any agency of a local, state or federal government
Section 4: Annual Inventory of Children's Programs
In January of every year, the Vice President of Student Services and Diversity ("VPSD") shall inventory all children's programs intended to be held in the calendar year, determine the level of each program, and identify an employee responsible for each level 2 program ("responsible person"). The VPSD shall provide the president, cabinet members, chief human resources director, general counsel, student conduct officer, (human resources or student employment program officer) and police chief a list of all children's programs and the designated level of that program.
- After that inventory has occurred, any TMCC employee proposing to establish a children's program shall notify the VPSS at least 60 days before the children's program begins. The VPSD may shorten this period of time upon request of the TMCC employee. The VPSD shall review the program to determine if it meets the criteria of a children's program and, if it does, designate the level of the program and require the procedures applicable to that level. The VPSD shall notify the president, cabinet members, chief human resources officer, general counsel, and police chief of any additional children's program designated after January 31.
- Any employee, volunteer, or faculty of the institution who works in any level 2 children's program shall complete a comprehensive background check which may be a fingerprint background check. The responsible person for each level 2 children's program shall submit a list of every employee working in a level 2 children's program to the chief human resources officer who shall obtain a comprehensive background check on each of those employees. The chief human resources officers shall receive the results of the background check, apply the criteria of NRS 432A.170, and exclude any person who fails to meet that criteria. The chief human resources officer shall provide a written statement of reasons and an opportunity to be heard before any employee may be excluded from working in a level 2 children's program. TMCC shall pay the cost of the comprehensive background check. TMCC shall conduct a comprehensive background check every six years after the initial background check on any employee who is required by this procedure to have a background check and review it in the same manner as initially required.
- The Vice President of Academic Affairs ("VPAA") may also identify any program, activity, or facility that incidentally involves children and does not meet the definition of a children's program of this procedure and establish written procedures for the protection of children participating in that program which may include a comprehensive background check for one or more employees working in that program.
- No registered offenders may participate in level 2 children's programs in any way.
Section 5: No Enrollment of Registered Offenders Without Specific Permission
No registered offender may be enrolled in any TMCC class or program without permission from the student conduct officer.
- An individual registering as an offender with the University Police Services shall disclose the name and address of the agency responsible for supervision of the registered offender, if there is one, at the time of registering. The University Police Services shall notify the student conduct officer in writing or email within two business days of the registered offender's registration with the University Police Services, including the registered offender's name, supervising agency, tier level, if any, and any other relevant information. The University Police Services shall inform the registered offender to schedule a meeting with the student conduct officer prior to enrolling in classes at TMCC. Any further notices are required to be made by TMCC with the information provided by University Police Services.
- A registered offender may apply for permission to be enrolled in classes at TMCC to the student conduct officer. The application must be in writing or email, to the extent possible state the class(es) or program(s) the registered offender wishes to enroll in, and any other relevant information the registered offender wishes to include. Additionally, the registered offender shall meet with Academic Advisement to develop an individual academic plan to be presented and reviewed with the student conduct officer prior to enrolling in class(es) or program(s).
- The student conduct officer may permit a registered offender to enroll in class(es) or program(s) at TMCC. In granting such permission no registered offender may be enrolled in any TMCC class, whether web-based, live or combination, in any class where a child is enrolled. In addition, the student conduct officer may impose any restrictions on participation in any student activities or on any time and place on any TMCC property including parking areas. A registered offender must ask permission from the student conduct officer to continue enrollment in any subsequent semester or summer school session.
- At the beginning of each semester and of the Summer Session, a list of registered offenders enrolled in classes shall be sent by email to the principals of TMCC High School and ACE High School, and the individuals in charge of any level 2 children's programs. Any registered offenders participating in level 2 children's programs will be removed.
Section 6: Notice to Nevada Probation & Parole of Children's Programs
The student conduct officer shall mail, by postage prepaid, certified return receipt requested, a list of the level 2 children's program and a general description of all level 1 children's programs to the Nevada Division of Parole and Probation no later than 15 days after receiving the inventory described in the introductory paragraph of Section 2 and, again, with 30 days after the beginning of the Fall academic Semester.
Section 7: Employment
- No registered offender may be employed at TMCC in any type of employment. All applications for employment shall include the following question or a question substantially similar: "Are you a registered sex offender or required to register as a sex offender under any state or federal law?"
- All applicants for student employment shall complete the student employment application and file it with the Human Resources Office. The application for any employment at TMCC shall include the following question or a question substantially similar: "Have you ever been convicted of a gross misdemeanor or felony? If yes, state the crime, the year of conviction, and explain." Answering "yes" does not exclude the applicant from employment. If an applicant answers "yes," a copy of the application shall be forwarded to the supervisor of the potential employee by the Human Resources Office. The supervisor, in consultation with the student conduct officer, the Human Resources director, and any other relevant TMCC office, may develop restrictions on the employment of the student which are reasonably related to the conviction or may dismiss the student employee.
Section 8: Internship
Every internship agreement shall contain the following provision or something substantially similar: "TMCC does not conduct background checks on a student placed into an internship. Background checks may be conducted by the internship placement."
Section 9: Reporting Child Abuse or Neglect
All TMCC employees who have reasonable cause to believe that child abuse or neglect has occurred at a TMCC facility or during TMCC programs or activities may report the suspected abuse or neglect to law enforcement or a child welfare agency and inform the VPSD within 24 hours. Retaliation against any individual who makes a report of child abuse or neglect is prohibited.
All children who participate in TMCC programs and activities involving children must be appropriately supervised at all times. A child must be immediately removed from a dangerous situation involving suspected child abuse or neglect or other inappropriate conduct, or conduct which presents a threat to the child's health and safety.
The NSHE Child Protection Polices and TMCC's procedures shall be posted on the TMCC website with the Division of Child and Family Services toll-free number and/or other law enforcement telephone numbers to receive reports of child abuse or neglect. Those numbers are:
- Division of Child and Family Services: 1-800-992-5757
- University Police Services: 775-784-4013
- Reno Police Department: 775-334-2175
- Washoe County Sheriff: 775-328-3001
- In case of an emergency: 9-1-1
Section 10: Outside Use of TMCC Facilities
Before the institution approves the use of a TMCC facility by any outside person or entity ("applicant"), the applicant shall state, in writing, whether or not the program or activity is a children's program, and the level of the children's program, as defined in this policy.
If it is a children's program, TMCC shall provide a copy of this procedure and the NSHE policy regarding the protection of children and the applicant shall state in writing the person or entity's procedures for the protection of children.
The VPSS shall review the information provided and may deny the applicant the use of a TMCC facility if the policies or procedures are inadequate.
Section 11: Reporting and Investigating Child Abuse
The following employees are mandatory reporters of child abuse pursuant to NRS 432B.220-NRS 432B.250.
- a faculty member where a minor child is enrolled in the faculty member's class;
- all employees of the child care center or who work in or administer any level 2 children's program;
- university police service officers;
- an attorney, unless the attorney has acquired the knowledge of the abuse or neglect from a client who is or may be accused of abuse or neglect, and
- arguably, every employee of TMCC in that the College provides programs for high school students.
Annually, the TMCC Human Resources Office shall provide training materials regarding the mandatory reporter requirements and a copy of this policy upon initial hiring, and at least every two years thereafter to all employees.
In the event of a report or complaint of child abuse or neglect, the president shall appoint an investigator who shall conduct an appropriate investigation of the incident(s) giving rise to the report or complaint and shall provide a confidential notice of such incident(s) to the chancellor and chair of the NSHE Board of Regents. Such investigation may be postponed by the president if it would interfere with any investigation by law enforcement or child protection agency.
Section 12: Review
Any person or party who disagrees with any decision under this procedure may request a review of the decision. The request must include a copy of the decision, the changes in the decision which are being requested and all reasons for the proposed changes.
The request must be received by the VPSD within 10 college days of receipt or emailing of the restrictions. The restrictions shall remain in place pending a review by the VPSD. The VPSD may conduct the review or may appoint a panel of up to 5 persons to conduct the review.
The person or party requesting the review has the right to meet personally with the individual or panel conducting the review.