I. Title
Child Protection Policy
II. Policy
A. Commitment to Safety
The University of Texas at Arlington (University or UTA) is committed to maintaining a supportive and safe educational environment, one which seeks to enhance the well-being of all members of its community. This commitment reflects the University’s adherence to its mission, to its various policies supporting its mission, and to relevant state and federal laws. Within that commitment, the University places importance on creating a secure environment for children. To that end, the University has adopted the following child protection policy and procedures.
B. Applicability
In order to ensure the safety and well-being of children, individuals, including University faculty, staff, students, volunteers, and representatives as well as third-party vendors and their employees, representatives or volunteers that contract for use of University facilities, with responsibilities that involve interaction with children (collectively “University personnel”), must carefully review and abide by the following policy regarding child protection.
C. Reporting
This policy applies to child abuse or neglect that allegedly occurs on the University’s campus, on property owned or leased by the University, or while University personnel are participating in a University supported activity off campus.
- With very limited exception, Texas law makes the reporting of known or suspected child abuse or neglect mandatory for University employees. It is the University’s position that, in addition to the mandated statutory reporting requirements for certain individuals and entities, all University personnel should immediately report known or suspected child abuse or neglect as provided in this policy (See Tex. Fam. Code § 261.109).
- If a UTA employee knows or suspects that a child is a victim of child abuse or neglect, they must act. State law requires, any “person having cause to believe that a child’s physical or mental health or welfare has been adversely effected by abuse or neglect by any person to immediately make a report” to law enforcement. (See Tex. Fam. Code § 261.101(a)). Knowingly failing to report abuse or neglect is a Class A Misdemeanor (See Tex. Fam. Code § 261.109).
- Employees are not required to have proof that abuse, or neglect has occurred before reporting a suspected situation of abuse or neglect. If an employee suspects, but is uncertain, whether abuse or neglect has occurred, they should resolve that uncertainty in favor of making a good faith report.
- Any person who makes a good faith report or assists in the investigation of alleged or known abuse or neglect is protected under the law from liability (See Tex. Fam. Code § 261.106). The immunity provided by law includes both civil and criminal liability.
- When making a report, an employee should:
- Immediately report the information to:
- The UTA Police Department at 817-272-3003;
- The Arlington Police Department at 817-274-4444;
- The Texas Department of Family and Protective Services (DFPS) at 800-252-5400; or
- In emergency situations, dial 911.
- Oral reports should include all available information regarding the known or suspected abuse or neglect, including, but not limited to: the name of the child; his/her whereabouts; the names and addresses of the parents; guardian, or caretaker; and the character and extent of the injuries. The report should also contain, if known, any evidence of previous injuries to said child and any other pertinent information that might establish the cause of such injury or injuries, and the identity of the person or persons reported to be responsible for the same.
- Employees should not directly solicit information from the child or from the person suspected of improper behavior. Employees should simply report what they saw or what the child or another person told the employee about the abuse.
- In addition to making an oral report, in cases that do not require an emergency response, reporters must also complete an online report to the Texas DFPS at www.txabusehotline.org/Login/Default.aspx and deliver the same to the UTA Police Department: University Police Building, 202 E. Border Street, Arlington, Texas 76010; 817-272-3381; policedepartment@uta.edu.
- In situations where the abuse or neglect of a child is related to or discovered pursuant to participation in a UTA youth camp or conference, the employee should notify the Program Director of the subject camp or conference. The Program Director is responsible for immediately notifying the EOS Executive Director and/or the Vice President for Talent, Culture & Engagement.
- Immediately report the information to:
- UTA is committed to providing a safe environment for youth to grow, to develop an excitement for learning. It is the University’s policy to provide training to specific personnel who work with minors in order to educate them about significant risks posed to children. The University aims to keep children safe by engaging staff and volunteers in strategies for recognizing, preventing, and reporting abuse and neglect. The University provides training mandated by the Texas Education Code §51.976 and UT System. Please contact University Compliance Services at 817-272-2080 for information on training.
III. Definitions
- Child: The Texas Administrative Code defines a child as, “A person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes.” See 25 Tex. Admin.Code § 1.203.
- Harm: A physical or emotional injury, or the threat of such harm to a child’s health or welfare. Harm can occur through non-accidental physical or mental injury, sexual abuse or attempted sexual abuse or sexual exploitation or attempted sexual exploitation.
- Sexual Abuse: May be perpetrated by an adult or another child and includes the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct, or any simulation of the conduct for the purpose of producing any visual depiction of the conduct; or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children as those acts are defined by Texas law and UT System policy. Sexual abuse also includes any activity that is meant to arouse or gratify the sexual desires of the perpetrating adult or child. Sexual abuse may or may not involve touching.
- Sexual Exploitation: Allowing, permitting, or encouraging a child to engage in prostitution and allowing, permitting, encouraging or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes.
- Negligent Treatment or Maltreatment of a Child: Includes the failure to provide adequate food, medical treatment, supervision, clothing, or shelter.
IV. Relevant Federal and State Statutes
- Texas Administrative Code, Title 25 Health Services, Part 1 Department of State Health Services, Chapter 1 Miscellaneous Provisions, Subchapter Q Investigations of Abuse, Neglect, or Exploitation of Children or Elderly or Disabled Persons, Rule § 1.203 Definitions
- Texas Education Code, Title 3 Higher Education, Subtitle A Higher Education in General, Chapter 51 Provisions Generally Applicable to Higher Education, Subchapter A Control of Funds, Section § 51.976 Training and Examination Program for Employees of Campus Programs for Minors on Warning Signs of Sexual Abuse and Child Molestation
- Texas Family Code, Title 5 The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship, Subtitle E Protection of the Child, Chapter 261 Investigation of Report of Child Abuse or Neglect, Subchapter A General Provisions, Section 261.101(a) Persons Required to Report; Time to Report
- Texas Family Code, Title 5 The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship, Subtitle E Protection of the Child, Chapter 261 Investigation of Report of Child Abuse or Neglect, Subchapter A General Provisions, Section 261.106 Immunities
- Texas Family Code, Title 5 The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship, Subtitle E Protection of the Child, Chapter 261 Investigation of Report of Child Abuse or Neglect, Subchapter A General Provisions, Section 261.109 Failure to Report; Penalty
V. Relevant UT System Policies, Procedures and Forms
- UT System Policy UTS 192 Youth Protection Policy
- Youth Program Guide
VI. Who Should Know
All University faculty, staff, students, volunteers, and representatives as well as third-party vendors and their employees, representatives, or volunteers that contract for use of University facilities, with responsibilities that involve interaction with children.
VII. UTA Office(s) Responsible for Policy
- Responsible Officer: Vice President for Administration & Economic Development
- Sponsoring Department: University Compliance Services
VIII. Dates Approved or Amended
- August 12, 2014
- January 20, 2025
IX. Contact Information
- All questions regarding this policy should be directed to: Chief Compliance Officer youthprograms@uta.edu
- Send notifications of errors or changes to: policysite@uta.edu