Youth Protection

To understand the district rules governing youth protection, you should start with District Resolution 10, Next review the Youth Protection Policy Statement with its two schedules. Finally, I have started a Youth Protection Position Statements section to further expand on how I am implementing these policies, based on questions I have received. This is a learning process for all of us and I ask your cooperation and input. Questions should be directed to:

"Bubba" Gene Silverblatt (office telephone 254-634-1122) (home telephone 254-947-0370) (email BubbaG@SilverblattLaw.com ).

As an indication of ust how important this is, please note that the 2007 R.I. Council on Legislation adopted the following:

Suspension or Termination for Failure to Comply with Youth Protection Laws. The board may suspend or terminate the membership of a club that fails to appropriately address any allegations made against one of its members in connection with Rotary-related youth programs for violation of applicable law regarding the protection of youth.”

Helpful training aides and resources:

Just click on the title for a quick link to the Adobe pdf file.

Abuse and Harassment Prevention Training Manual and Leaders’ Guide (775-EN)

775 Appendix B: Youth Exchange Sexual Abuse and Harassment Allegation Reporting Guidelines

YE abuse prevention policy

For an overview of the district rules, you may wish to watch the 30 minute video filmed during the last district assembly and which is located within this district website (see videos on main page).

RESOLUTION # 10

DISTRICT 5870, ROTARY INTERNATIONAL

POLICIES FOR THE PROTECTION OF YOUTH

WHEREAS the Board of Directors of Rotary International believes that Youth Programs are an important part of Rotary Service and revised the Rotary Youth Exchange (YE) guidelines in November 2004, and

WHEREAS it is important to educate, train and protect our youth program participants and Rotary volunteers for Youth Exchange, Rotary Camp Enterprise, Leadership In Free Enterprise, Rotary Youth Leadership Awards, Interact, and all other youth program activities.

SECTION 1: NOW, THEREFORE, BE IT RESOLVED, That the Rotary Code of Policies 41.090 is hereby incorporated in its entirety as a standard of practice for all youth programs within District 5870.

SECTION 2: BE IT FURTHER RESOLVED, That the District Youth Program (DYP) Chairman shall be charged with the responsibilities, duties, and activities hereafter enumerated.

1. Coordinate the DYP activities within District 5870.

2. Establish procedures to conduct the required training and background checks, and maintain records required by Rotary International and this resolution.

3. Assist the Club presidents as necessary to maintain well established Youth Programs within the District.


SECTION 3: BE IT FURTHER RESOLVED, that the YE committee chairman shall be specifically charged with the responsibilities, duties, and activities hereafter enumerated.

1. Prepare an annual written report for the District Governor, Governor Elect, Governor Nominee, and DYP chairman to be presented at the District Conference.

2. Prepare and maintain a standing operating procedure for YE activities that shall include, but not be limited to:

a. The conduct of interviews, home visits, and the biannual background checks for criminal, civil, and personal reference for host families and YE volunteers.

b. preparation and maintenance of standards of conduct for the protection of youth, to include training in child abuse and sexual harassment prevention topics for all YE participants.

c. A budget request to the District Governor Elect and Nominee for perpetration of their respective governor years.

d. Requiring all persons involved in the YE to sign a Youth Volunteer Affidavit and maintain those records for five years.

SECTION 4: BE IT FURTHER RESOLVED, that district sponsored and controlled youth activities, including but not limited to Rotary Youth Leadership Awards, shall be specifically charged with the responsibilities, duties, and activities hereafter enumerated.

1. Prepare an annual written report for the District Governor, Governor Elect Governor Nominee, and DYP Chairman to be presented at the District Conference.

2. Prepare and maintain a standing operating procedure for district sponsored and controlled program activities that shall include, but not be limited to:

a. The conduct, for all persons who materially and not incidentally participate in these program activities, of annual training on the standards of conduct for the protection of youth , to include training in child abuse and sexual harassment prevention topics as well as the conduct of biannual background checks for criminal, civil, and personal references.

b. A budget request to the District Governor Elect and Nominee for perpetration of their respective governor years.

c. Requiring all persons materially and not incidentally involved in district sponsored and controlled youth activities, including but not limited to Rotary Youth Leadership Awards and Interact programs, to sign a Youth Volunteer Affidavit and to maintain those records for five years.

SECTION 5: BE IT FURTHER RESOLVED, that the Rotary Clubs of District 5870 that participate in local youth activity programs including but not limited to Boy Scouts, Girl Scouts, Boys and Girls Clubs, Adopt a School, Little League Sports, Young Hero, Scholarship Selection, Junior Olympics, and Special Olympics shall be specifically charged with the responsibilities, duties, and activities hereafter enumerated.

1. The preparation of an annual written report for the Club President with a copy furnished to the District Governor, Governor Elect Governor Nominee, and DYP Chairman to be presented at the District Conference.

2. The preparation and maintenance of a standing operating procedure for program activities that shall include, but not be limited to annual training for all Rotarians in the standards of conduct for the protection of youth, to include training in child abuse and sexual harassment prevention topics.

3. A budget request to the District Governor Elect and Nominee for preparation of their respective governor years.

ROTARY INTERNATIONAL

DISTRICT 5870

POLICY FOR PREVENTION OF ABUSE AND HARASSMENT

Introduction

Rotary Clubs place great emphasis on their work with people in the community, including children, young people, and other vulnerable persons through Rotary’s many programs including Rotary Youth Leadership Awards ("RYLA"), Interact clubs, mentoring programs and Rotary International Youth Exchange ("Youth Exchange").

This volunteer effort is vital to the quality of life in our communities and to the good reputation of Rotary and Rotarians. For this exemplary work to continue, it is important that our Rotary Clubs protect the interests of everyone involved, and create and maintain a safe and respectful environment for all participants in Rotary programs, activities or events.

Rotarians, their families, and non-Rotarian volunteers are expected to use their best efforts to safeguard the welfare and prevent the physical, sexual or emotional abuse or harassment of every young or vulnerable person with whom they come into contact in connection with any Rotary program, activity or event.

Rotary International District 5870 (the "District") is committed to protecting the safety

and well being of all our program participants and will not tolerate their abuse or

harassment. All allegations of abuse or harassment will be taken seriously and must be

handled in accordance with the Rotary International District 5870 Abuse and

Harassment Reporting Guidelines (the "Guidelines") that are attached as Schedule "A"

to this Policy. The Guidelines will also assist in ensuring that an adult against whom an

allegation is made is treated fairly, since an allegation of abuse or harassment does not

necessarily mean that abuse or harassment actually occurred. Nonetheless, whenever

an allegation is made, the safety and well-being of youth or vulnerable persons should

always be the first priority.

In addition to the policies stated herein and in the referenced schedules, District 5870, as a member of SOUTH CENTRAL ROTARY YOUTH EXCHANGE, INC (SCRYE), adopts said organization’s Youth Exchange Abuse and Harassment Prevention and Reporting Policy. In the event of conflict between District 5870's and SCRYE’s policies, the stricter of the two shall apply.

Scope

This Policy applies directly to all Rotarians and volunteers in District programs, activities

or events involving youth or vulnerable persons, including host families and Club

counselors in Youth Exchange programs and leaders in RYLA or Interact clubs. This

Policy also applies to all adults over the age of 18 years who are ordinarily resident in

homes in which an Exchange student is residing.

Furthermore, each club that belongs to the District is asked to follow the "Recommendations to Clubs" that are attached as Schedule "B" to this Policy. This includes adopting this Policy, either directly or by incorporating it into the club’s own written policy for the prevention of abuse and harassment.

Definitions

In this Policy and in the Guidelines:

"Abuse" means physical, emotional or sexual abuse;

"Physical abuse" means the intentional use of force to the body that results in injury. It may be a single incident or a series or pattern of incidents;

"Emotional abuse" means chronic exposure to alcohol or drug abuse, verbal attacks on a person’s sense of self, repeated rejection or humiliation. It also means exposure to domestic abuse, isolation or existing in an environment of fear and/or anxiety; and

"Sexual abuse" means improper and unwanted exposure to sexual contact, activity or behavior. It includes any sexual touching, intercourse or exploitation.

"Harassment" means any conduct by an individual that is directed at, and offensive to,

another person or persons and which the individual knew, or ought reasonably to have

known, would cause offence or harm. It comprises of any objectionable act, comment

or display that belittles, demeans or causes personal humiliation or embarrassment or

any act of intimidation or threat. Harassment may include, but is not limited to:

"Sexual harassment" means any unwanted or unwelcome behavior of a sexual nature

that makes a person feel offended, humiliated or intimidated. Sexual harassment can take many different forms and may include physical contact, verbal comments, jokes, propositions, and the display of offensive material or other behavior that creates a sexually hostile environment. An act, even though not intended to, may still result in offence, humiliation or intimidation. An act may constitute sexual harassment even if it was not intended to offend, humiliate or intimidate. Sexual harassment may include, but is not limited to:

• Uninvited or unwanted touching;

• Uninvited or unwanted kisses or embraces;

• Crude or sexist jokes or comments;

• Sex-based insults, taunts, teasing or name-calling;

• Making sexually suggestive or obscene comments or gestures;

• Staring or leering at a person or at parts of their body;

• Making promises or threats in return for sexual favors;

• Making requests for sex or sexual favors;

• Repeated invitations to go out after prior refusal;

• Unwelcome sexual flirtations, advances or propositions;

• Persistent or unwelcome questions or insinuations or comments about a person's private or sex life;

• Offensive phone calls or letters; and

• Sexual assault.

"Protected person" means a youth or other vulnerable person, and "Youth" means any person less than 18 years of age involved in a District 5870 sponsored Rotary program (such as Youth Exchange, RYLA, Interact or any other community or youth service project), activity or event and to whom Rotary may have a duty of care, and specifically includes children; and "Vulnerable person" means anyone who is elderly, physically or mentally disabled or infirmed, or suffering from any sort of disability that might render him or her in need of protection or care, who is involved in a Rotary program, activity or event and to whom Rotary may have a duty of care.

"Prohibited person" means anyone who

(a) Has been convicted of an offence which resulted in harm to an individual, including assault, sexual assault, sexual interference with a minor or failure to provide the necessities of life;

(b) Has been convicted of any offence which, in the opinion of the District Protection Officer, suggests an unacceptable risk of harm to a person in the care of that individual; or

(c) Is subject to a court order prohibiting that person from being in contact with any other individual.

Policy Statement

It is the responsibility of every Rotarian and every volunteer in Rotary programs to

safeguard the welfare of every person with whom they come into contact during Rotary

activities. Special attention is to be given to protected persons. This includes the

prevention of abuse and harassment. Rotarians and volunteers should always:

• Treat protected persons with respect;

• Provide a model of good and appropriate behavior;

• Respect protected persons’ right to privacy;

• Be aware that behavior can be misinterpreted even when well intentioned; and

• Challenge unacceptable behavior.

District Commitments

In accordance with its moral, ethical and legal obligations, insofar as possible the

District:

1. Will ensure that protected persons who are involved in District programs, activities or events are protected from abuse, harassment, or sexual harassment;

2. Will ensure that District programs for protected persons are provided in a safe and caring environment;

3. Will prevent contact between protected persons and individuals who are either prohibited by law from working with protected persons, or who are considered by the District to be inappropriate individuals to be working with protected persons;

4. Will NOT permit a prohibited person to participate in any program related to protected persons;

5. Will NOT permit any person to host or become a counselor or a mentor to a

youth exchange student, whether as a home-stay parent or as an adult living in the same home in which the youth exchange student will live, without first determining the suitability of the person through the District’s Youth Exchange screening process;

6. Will designate each year a District Protection Officer whose duties will include maintaining and raising awareness of this Policy and advising the District Governor with respect to matters of harassment or abuse;

7. Will encourage and facilitate the timely reporting of incidents where protected persons are at risk of harm;

8. Will ensure prompt notification of allegations of abuse or harassment made by protected persons where allegations involve Rotarians or persons involved with Rotary programs, activities or events; and

9. Will report any allegations of abuse of protected persons in compliance with provincial legislation and as outlined in the Guidelines.

Screening of Rotarians and Volunteers

In connection with the Youth Exchange Program:

(a) All Club counselors, mentors, and host family members over 18 must provide the host club with a completed Criminal Record Check for working with youth, which also includes Vulnerable Sector Screening. These forms will be maintained at the district level.

Statement of Conduct for Working with Youth

Rotary International is committed to creating and maintaining the safest possible environment for all participants in Rotary activities. It is the duty of all Rotarians, Rotarians’ spouses, partners, and other volunteers to safeguard to the best of their ability the welfare of and to prevent the physical, sexual, or emotional abuse of children and young people with whom they come into contact.

Adopted by the RI Board of Directors, November 2002

(b) All potential host families should be visited in their homes and interviewed by the club chair with all family members present. For all other District sponsored programs, events and activities involving protected persons, Rotarians and volunteers who will be involved on a regular or continuing basis with protected persons will ensure that the District Youth Protection Officer is provided a completed Criminal Record Check for youth and Vulnerable Sector Screening Affidavit.

Schedule "A"

ROTARY INTERNATIONAL

DISTRICT 5870

REPORTING GUIDELINES FOR ALLEGATIONS

OF ABUSE OR HARASSMENT

Introduction

These reporting guidelines should be read and used in conjunction with the Rotary International District 5870 Policy for the Prevention of Abuse and Harassment (the "Policy"). In particular, please refer to the Policy for definition of terms used in these Guidelines.

The Guidelines were initially developed in connection with the Youth Exchange Program, but have been adapted to be of assistance with respect to all those defined as "protected persons" in the Policy.

Scope

Unless specifically adopted by a club, these guidelines are intended to be used in connection with allegations arising in the context of District sponsored programs, activities or events. If adopted for use in connection with club programs, activities or events, references to the District Governor, District Protection Officer and appropriate District Chairs should be applied, respectively, to the Club President, Club Protection Officer and appropriate Club Committee Chair or responsible Director (depending on a club’s organization).

Definitions

In addition to the definitions already set out in the Policy, in these Guidelines:

"Complainant" means the protected person making an allegation of abuse and/or harassment, either directly or through another person.

"Respondent" means the adult against whom a complainant has made an allegation of abuse and/or harassment.

Procedures for Adult Receiving Allegation

Any adult to whom a complainant reports an incident of sexual abuse or harassment should comply with the following guidelines.

1. Receive Report from Complainant

(a) Listen attentively and stay calm. Acknowledge that it takes a lot of courage to report abuse. It is appropriate to listen and be encouraging. Do not express shock, horror or disbelief.

(b) Assure privacy but not confidentiality. Explain that you will have to tell someone about the abuse/harassment to make it stop and to ensure that it does not happen to other protected persons.

(c) Get the facts, but don’t interrogate. Ask the complainant questions that establish what was done and who did it. Reassure the complainant that he or she did the right thing in telling you. Avoid asking ‘why’ questions. Remember your responsibility is to present the complainant’s story to the proper authorities.

(d) Be non-judgmental and reassure the complainant. Do not be critical of anything that has happened or anyone who may be involved. It is especially important not to blame or criticize the complainant. Assure the complainant that the situation was not his or her fault and that he or she was brave and mature to come to you.

(e) Record. Keep a written record of the conversation with the complainant as soon after the report as you can, including the date and time of the conversation. Use the complainant’s words, and record only what has been told to you.

2. Protect the Complainant

Ensure the safety and well-being of the complainant. If you or the complainant have any concerns regarding his or her safety, immediately remove the complainant from the situation and from all contact with respondent. Reassure the complainant that this is for his or her own safety and is not a punishment. If there are no safety concerns, determine if the complainant would nonetheless prefer to be removed or cease contact, and comply with the complainant’s wishes.

3. Report to the District Youth Committee Chair and District Protection Officer immediately upon receiving the complaint, and no later than within three working days report the allegation to the District Committee Chair responsible for the program, activity or event in which the alleged incident or incidents occurred and to the District Protection Officer. They will keep the District Governor advised and will review the complaint in order to ascertain whether it needs to be referred to an appropriate law enforcement authority or whether it is a matter to be handled using internal policies and guidelines.

4. Ensure Privacy is Respected

Avoid gossip and blame. Do not tell anyone about the allegation other than those whom these Guidelines require to be told. Except as required by these Guidelines, all information with respect to the allegation must be kept strictly private and confidential to protect the rights of both the complainant and the respondent.

5. Follow Up

Once the case has been reported to the District Protection Officer and the District Committee Chair, your role is complete. You may wish to follow up to ensure that steps are being taken to address the situation. You must not however contact the respondent about the allegation.

Procedures in Response to Allegation

The District Committee Chair who receives the report of an allegation has the primary responsibility for responding to an allegation and should comply with the following guidelines. The District Committee Chair should work with the advice and support of the District Protection Officer, and both should ensure that the District Governor is fully advised of the steps being taken to deal with the allegation. Where appropriate, the District Governor may wish to become directly involved in some or all of the steps set out below.

For Youth Exchange, the District Youth Exchange Chair should keep the complainant’s

Rotarian counselor fully advised of all steps being taken, unless the counselor is possibly a source of the complaint. In that case, the Club President should be kept informed.

Unless otherwise specified, these steps must be taken immediately following receipt of a report of an allegation of abuse and/or harassment:

1. Confirm that, where appropriate, the complainant has been removed from the situation immediately and from all contact with respondent.

2. The District Governor, the appropriate District Committee Chair and the District Protection Officer shall, with the assistance of legal counsel if appropriate, immediately determine if the report should be communicated to the appropriate law enforcement agency. If the decision is made to report the allegation, the responsibility for investigation of the complaint lies with the law enforcement agency, and all District and club personnel should cooperate with any police investigation. The District Protection Officer should ask the police to keep him or her advised of the progress of the investigation.

3. If a decision is made that the appropriate course of action is to investigate the allegations internally, or if the police decline to investigate, complete an investigation plan in collaboration with the District Protection Officer. Depending on the nature of the complaint, its severity, and the facts surrounding the case, one or more of the following options can be discussed with the complainant.

pursuing an informal resolution of the complaint;

· proceeding with a formal investigation;

· taking advantage of counseling, mediation, and other resources; and/or

· exploring other possible avenues of recourse including the police.

4. Ensure the complainant receives immediate support services.

5. Offer the complainant an independent, non-Rotarian counselor to represent his or her interests, such individuals available as required by Rotary International Youth Exchange Certification Requirements. In the case of youth programs that are not Youth Exchange, ask the appropriate social service or law enforcement agency to recommend someone who is not a Rotarian nor in any way involved with the program, activity or event in question.

6.For Youth Exchange, the parent WILL be contacted, and it will be up to the parent to decide if the child will stay in the program. For any other situation involving a youth, decide these issues in consultation with an adult (other than the respondent) who is responsible for the complainant.

7. While investigations are being conducted, remove the respondent from any contact in Rotary programs, activities or events with all protected persons including the complainant.

8. For the Youth Exchange program, allegations are to be reported to the United Stated State Department and Rotary International within 24 hours of the initial complaint The process will be that the complainant’s Rotarian counselor will inform the District Youth Exchange Chair and District Governor of the allegation. Either the District Governor or the District Youth Exchange Chair must inform Rotary International of the allegation within 24 hours, and provide follow-up reports of steps taken, outcome of all investigations and resulting actions. The individuals doing the investigation will submit timely reports to both Rotary International and the United States State Department in the manner specified by those agencies.

9. For programs not affiliated with Youth Exchange, complete as quickly as possible the investigation in accordance with the investigation plan and provide a report on the findings made to the respondent, the complainant and the District Governor.

Understanding the Needs of the Complainant

There will need to be a cohesive and managed team approach to supporting the complainant after an allegation is reported. The complainant is likely to feel embarrassed, confused, and may become withdrawn. For Youth Exchange, the complainant may in addition appear to be avoiding members of the host family or hosting Rotary club. After a report of harassment or abuse, complainants may or may not want to remain on their exchange. If they do, they may or may not want to continue their relationship with their hosting club depending on the circumstances. In some cases, a complainant may wish to remain in country, but change to a different host club if one is available.

It may be difficult for club members, volunteers and host families who become aware of the complaint to understand how the complainant is feeling, but it would be helpful for the complainant to know that the club remains a support for them. Club members, volunteers and host families may experience ambiguity toward their roles and may feel unclear regarding their boundaries. However they need to do whatever is necessary to reassure the complainant of their support at all times.

Appropriate Behavior for Others Aware of Allegation

When addressing an allegation of abuse or harassment, the most important concern is the safety of a complainant. Club members who become aware of the allegation should not speculate, make editorial comments, or offer personal opinions that could potentially hinder any investigation. Club members who become aware of the allegation should be cautioned about speculating or commenting on the matter during the investigation. Comments made about a complainant in support of a respondent or about a respondent in support of a complainant are inconsistent with our Rotary ideals. Furthermore, adverse comments made against either a complainant or a respondent could lead to a defamation claim filed against Rotarians or clubs by the person about whom those comments are made.

Sanctions

If the allegations made against a respondent are found to be true, in addition to and independent from any civil or criminal legal consequences,

(a) a Rotarian who is found to have abused and/or harassed a protected person will be subject to disciplinary action up to and including a lifetime ban from Rotary International; and

(b) the participation in District programs, activities and events of any non- Rotarian who is found to have abused and/or harassed a protected person will be curtailed or prohibited as appropriate and any such non-Rotarian will not be invited to join any Rotary club in the District.

Schedule "B"

ROTARY INTERNATIONAL

DISTRICT 5870

RECOMMENDATIONS TO CLUBS

REGARDING PREVENTION OF ABUSE AND HARASSMENT

Introduction

District 5870 has adopted the Rotary District 5870 Policy for the Prevention of Abuse

and Harassment (the "District Policy") and the Rotary District 5870 Reporting Guidelines

for Allegations of Abuse and Harassment (the "District Guidelines") in an effort to

enhance existing protections at both a club and District level for youth and vulnerable

persons who are involved in Rotary programs, activities or events. Please refer to the

District Policy for definition of terms used here such as "abuse", "harassment" and

"protected person".

The District recommends that your club adopt the District Policy and apply the District

Guidelines so that there is a consistent approach to these issues throughout our District.

The specific recommendations below will assist you in that process. Do not hesitate to

consult with the District Protection Officer (appointed in accordance with the District

Policy) for support and assistance. Whenever abuse or harassment is specifically

alleged, you must apply your own club’s policy and guidelines. If your club has not

developed its own policy and guidelines, the District Policy and Guidelines should be

applied with the necessary modifications.

Indeed, even if no allegation is made, but you become aware of conduct to which the

District Policy and Guidelines might apply, refer to these helpful documents to see if

they are in fact applicable. Use common sense to determine if the situation requires

taking the steps that are explained, but if there is any doubt, always err on the side of

protection of youth and vulnerable persons.

Recommendations for Rotary Clubs:

1. Establish a club policy on the prevention of abuse and harassment.

We suggest your club either specifically adopt the District Policy which is attached, or draft its own policy which includes the District Policy by reference. If your club is simply adopting the District Policy, the resolution doing so should make clear that the references to District or District personnel should be taken to mean instead your club or club personnel (for example references to the District Governor will apply to your Club President and so on).

2. Issue guidelines on how to deal with the disclosure or discovery of abuse or harassment.

Adopt or adapt the District Reporting Guidelines that are attached as schedule "A" to the District Policy.

Rotarians and volunteers should know they have a legal, ethical and moral responsibility to report abuse and/or harassment to the appropriate authorities. Clubs should promote an attitude that reporting suspicions and/or taking action are the right things to do.

Individual Rotarians should not attempt to deal with a problem alone. For all Rotary programs, activities or events involving youth or vulnerable persons, the Club Protection Officer should be advised that reporting must adhere to the club or District Guidelines. In addition, for Youth Exchange all complaints, allegations or suspicions should be reported immediately to the student’s Rotarian counselor or the Club President if the Rotarian counselor is the source of the complaint and they in turn must report to the District Youth Exchange Chair immediately. Debriefing sessions following a reported incident are excellent for improving procedures and identifying new training requirements. Such sessions also provide an opportunity to establish a written record of the incident.

3. Designate a Club Protection Officer responsible for the protection of youth and

vulnerable persons.

Designate one member as the Club Protection Officer. This individual should have a copy of and be very familiar with the District Policy and Guidelines, and know how to contact the District Protection Officer for assistance and support. The Club Protection Officer is responsible for dealing with allegations or disclosures and should designate at least one alternate to do so when he or she is not available. Members and volunteers should know how to contact the Club Protection Officer or the alternate quickly.

The Club Protection Officer is also responsible for raising awareness and training all members of the club for the procedures they should follow when concerned with matters of harassment or abuse.

4. Introduce a process where protected persons can talk in confidence and safely

with an independent person.

Ensure that youth and vulnerable persons are aware they have the right to talk privately to someone responsible for their overall safety and welfare. It is important that protected persons know who this individual (usually the Club Protection Officer or alternate) is and how to contact him or her.

With respect to the Youth Exchange, the preferred chain of command is:

Rotarian Club Counselor

Club President

Youth Exchange Officer

Youth Protection Officer

District Governor

During any point, however, the person making the complaint may choose any one of these individuals or one of the two non-Rotarian representatives whose names are provided during Inbound Orientation..

5. Prepare Rotarians and volunteers to work effectively with all protected persons.

Make club policies clear and explain effective procedures for various programs, activities and events. A copy of the club’s policy to prevent abuse or harassment and instructions on what to do if abuse or harassment is discovered or suspected should be provided to each Rotarian and volunteer at each such program, activity or event. If there is no such club policy, the District Policy and Guidelines should be provided instead.

6. Plan club activities so as to minimize situations where abuse or harassment may

occur.

Resources should be organized in such a way to avoid having one adult supervising one youth or vulnerable person. For example, another adult should accompany a Rotarian providing transportation to one child.

7. Ensure all Rotarians and other volunteers have clear roles.

Depending on the nature of the program, activity or event and the extent of involvement, clubs should consider giving everyone involved a written description of their role and the tasks involved. This can be a simple document, and preparing it will help to make clear the priorities, the risks, and how the risks might be minimized.

8. Ensure supervision as a means of protecting youth and vulnerable persons.

An individual should be designated in each Rotary program, activity or event who is responsible for protecting youth and vulnerable persons from abuse or harassment. The Club Protection Officer should provide that individual with the club policy and guidelines or the District Policy and Guidelines, and ensure that he or she understands the material.

9. Reinforce our ethical, moral and legal responsibilities in everything we do.

All Rotary clubs, individual Rotarians, and volunteers are responsible for protecting the safety and security of everyone encountered in the provision of services to our community. We have a special obligation to youth and vulnerable persons. Rotarians are obliged to intervene if they become aware of information about abuse and/or harassment of a person through their involvement with a Rotary club program, activity or event.

Rotarians are obliged to do those things that protect and reinforce the physical and emotional safety and security of themselves and others. This includes operating a motor vehicle safely, ensuring the proper use of safety equipment, avoiding the use of illegal drugs, and avoiding the consumption of alcohol while providing service to others.

Rotarians are obliged to take appropriate action when they observe other Rotarians or

volunteers behaving in ways that contradict the values contained in our District and club

policies.

District Protection Officer

Position Statements

1. (The subject of this next answer was in response to a request for interpretation and application of the Texas administrative code for summer camps such as RYLA. The central question that RYLA planning staff were asking was as to which standard must volunteers follow and what rules apply to Rotarian volunteers who appear at camp for one-time meal service duty for some 4-6 hours.) First we look at the rules and regulations of outside agencies that we might be working under. As you have stated in your email, with a summer camp such as RYLA, we must follow it to the extent it provides a higher standard. However, in cases where it does not, our policy must be followed. Thus we follow the higher standard in every case. Looking at our district resolution, it states with reference to district sponsored youth activities such as RYLA: The conduct, for all persons who materially and not incidentally participate in these program activities, of annual training on the standards of conduct for the protection of youth, to include training in child abuse and sexual harassment prevention topics as well as the conduct of biannual background checks for criminal, civil, and personal references. For District 5870 purposes, it is my position that incidental participation would include someone who either has no direct contact with children (E.g., someone handling publicity or someone just attending a luncheon in a group setting, or, as the administrative code points out, a guest speaker). Someone who is transporting children however would be materially participating in the activity. This opinion is based on discussions we had during the development of our policies about the potential opportunity for assault that could occur by a driver in a rather isolated vehicle. (So while the state law may not apply to a driver, our policies would). And even if we didn't have state regulatory law, a 4 - 5 hour meal duty again is, at least to me, more than an incidental activity and would thus require a background check and prevention training.So in conclusion, I agree with everyone's read of the administrative code. As to the nature and extent of the background check it requires, the questions that must be asked, and the training that must be involved, I am not qualified to determine which is the higher standards on each item. Probably those actually doing the background checks and training will know that. I agree with your analysis that all information should be kept confidential and released only on a "need to know basis." I have agreed to be the custodian of that information if need be, since I am in the business of maintaining confidential records. This is an offer and not a requirement.Certainly this imposes some real constraints on getting last minute volunteers. This was known going into the rules development. However I am sure you will agree with the intentions. My hat is off to all those who have to make these rules work!

2. (This question was a follow on to the previous one: "We require clubs to nominate preferably 2 Rotarians to drive the club’s sponsored campers to McKinney Roughs AND to pick them up at the close of camp. We do not allow parents to deliver or pick-up their children from camp. My understanding is that the State code would not require the drivers to submit to background checks, since the driving "activity" is not on-site at McKinney Roughs (this is the case even though drivers may only be on-site for approximately 10-15 minutes dropping off or picking-up campers). However, District standards would require Rotary club drivers to be screened. On two occasions, a contracted bus service will pick up all campers, their counselors and counselor assistants, and other core RYLA staff and transport them to and pick them up from an off-site activity. Would my assumption be correct that a bus driver would be exempt from the District’s rules pertaining to a background check by us, because the driver is driving a crowded, not an isolated vehicle? ") My position is that for non-commercial bus drivers, a background check should be required; I do not wish to get into semantics aboutat what point a vehicle turns from private SUV to a bus. With commercial drivers, I would not apply the rule provided that there is always an additional unrelated adult present and we are using a company that is bonded for such transgressions. In addition, I think we should employ the 2 - deep rule for all activities. The background check is just a starter.

3. (In response to question about possible transgressions not amounting to a conviction) Unsubstantiated rumor or second hand information will not rise to the level set out in the policy statements adopted by the district to date and thus have no particular relevance. Those rules set out the following definition that I believe is pertinent to this discussion "Prohibited person" means anyone who (a) Has been convicted of an offence which resulted in harm to an individual, including assault, sexual assault, sexual interference with a minor or failure to provide the necessities of life; (b) Has been convicted of any offence which, in the opinion of the District Protection Officer, suggests an unacceptable risk of harm to a person in the care of that individual; or (c) Is subject to a court order prohibiting that person from being in contact with any other individual.
4. (In response to a question about very old convictions, asked and answered in connection to the previous question) With regard to item (b) above which deals with convictions not covered under (a), normally I would suggest applying a 10 year rule which we also use in the criminal justice system to determine any relevance to a current propensity for like conduct. Thus, if someone was convicted of using drugs more than ten years ago, that fact would hold no particular relevance to me in making at determination of unacceptable risk. The only exception might be those involving harm to a youth. For example, a 15 year old conviction for marijuana use would hold not relevance but one involving an older person selling marijuana to a youth would.
5. (In response to a question about a person who allegedly viewed pornographic material) The mere propensity to view sexually explicit material not involving a youth (either in the depictions or in the viewing) has no particular relevance to child endangerment.

6. Do club protection officers (suggested in the guidelines for clubs herein) require background checks? While this is not a requirement under our rules, it will generally be necessary as those same people are involved in youth activities that require background checks.

7. Do we report mere suspicions of violations of these rules? Certainly common sense applies here as no bright lines can be created. However the rules do not require it. The Reporting Guidelines are set out in our Schedule A. These require a complainant and include procedures for receiving an allegation rather than the need to report in general. “Complainant” is defined therein as a protected person making the allegation, either directly or through another person.