SYS 625 Appendix A: Minimum Requirements for Third-Party Youth Activity Contracts

All contracts (e.g., facility use agreements, permits, and other agreements) governing third-party youth activities (“activities”) shall incorporate terms and conditions consistent with the following standards below.  Each university may set additional requirements.  The terms under this Appendix shall have the same definitions as provided in SYS 625.

Section A.  Assumption of Risk
  1. The third party and its agents shall assume all risks associated with the activity, including but not limited to risks posed to youth participants or adults involved in the activity, or to others due to the activity. Responsibility for these risks will not be transferred to the university unless specifically required by law or court order.
  2. The third party shall release and hold harmless the university, Board of Regents, officials, and agents, from any claim, cause of action, or liability arising out of personal injury or harm to youth participants or adults involved in the activity, or damage to property.
Section B.  Insurance

The third party shall secure insurance coverage for the activity as required by the university and provide a certificate of insurance upon request.

Section C.  Screening of Adults

The third party shall be responsible for screening all adults with significant access to minors during the activity by successfully completing a criminal background check and verifying that the adult has no known criminal history that could pose a risk to minors, including but not limited to offenses involving child abuse, child neglect, or other crimes of violence or exploitation.

Section D.  Supervision ratios

Supervision ratios appropriate to the average age of youth participants and the nature of the activity shall be maintained as follows:

  1. Day-only activities:
    1. Age three (3) to four (4) years, 1:4
    2. Age four (4) to five (5) years, 1:6
    3. Age five (5) to six (6) years, 1:12
    4. Age seven (7) and older, 1:18
  2. Overnight activities:
    1. Age six (6) and under, 1:4
    2. Age seven (7) and older, 1:10, unless an alternative ratio is authorized through a variance to the applicable license.
Section E.  Prohibited Behaviors

Third parties shall be responsible for prohibiting any adult or youth participant from engaging in the behaviors listed below during the third-party youth activity and communicating these prohibitions to all adults and youth participants involved in the activity.  Additional behaviors may also be prohibited under applicable laws or university or organizational policies.

  1. Crimes against children as defined in Wis. Stat. § 948;
  2. Bullying, grooming, and other predatory behavior;
  3. Adults infringing on youth participants’ privacy in situations where privacy is expected (e.g., changing clothes, taking showers) except when a health or safety exception is necessary and appropriate;
  4. Photographing or recording in shower houses, restrooms, or other areas where privacy is expected by youth participants; and
  5. Use of or being impaired by alcohol, unauthorized drugs, or tobacco products when engaged in third-party youth activities.
Section F.  Overnight Activities

For overnight activities, the third party shall also:

  1. Abide by all licensing laws applicable to the activity.
  2. Provide sleeping accommodations that assign one participant per bed;
  3. Prohibit adults from sharing rooms with youth participants, except in cases of familial relationships.
  4. Prohibit adults from entering sleeping rooms assigned to youth participants except for room checks with at least two adults or in health or safety emergencies.
Section G.  Incident Reporting

Third parties must inform all adults of their obligation to report any incident involving potential or actual risk of serious harm or injury to a youth participant involved in the activity while on university property to the university as soon as practicably possible.  Incidents to report shall include, but are not limited to:

  1. Any form of alleged child abuse or neglect, sexual harassment or other criminal activity toward a youth participant;
  2. Missing or unaccounted for youth participants;
  3. Any property damage that occurred during the activity;
  4. Any serious harm or injury to a youth participant or adult that required urgent or professional medical attention; and
  5. Any other incident during and/or due to the activity that would warrant prompt action or attention by the university to avoid or minimize risk of harm or injury to others.
Section H.  Documentation and Records       

The university retains the right to request, obtain, and review any written content, communications, or other documentation necessary to ascertain compliance with this policy and any executed agreements, for up to seven years following the conclusion of the third-party youth activity.