Definitions

  • Physical Abuse

Physical contact with a child by a covered person which is intended to cause, or causes, pain or physical injury, including punching, beating, shaking, throwing, kicking, biting and burning, or directing a child, outside the norm of the supervised activity, to perform physical activity which is intended to cause physical injury. 

  • Sexual Abuse

Engaging in a sexual offense with a child and/or encouraging or promoting sexual performance by a child.  Pursuant to the NYS Penal Law Articles 130, 263, and Sections 260.10 and 260.25, sexual offenses include:  sexual misconduct, rape, criminal sex acts, forcible touching, persistent sexual abuse, sexual abuse, aggravated sexual abuse, course of sexual conduct against a child, facilitating a sex offense with a controlled substance, sexually motivated felony, predatory sexual assault against a child, and sexual performance by a child.  This also includes Penal Law offenses relating to children including endangering the welfare of a child and unlawfully dealing with a child in the first degree.  Sexual performance by a child, as defined by the Penal Law, is any behavior which results in touching of the sexual or other intimate parts of a child for the purpose of sexual gratification of the child and/or adult, including touching by the child and/or adult with or without clothing, and all acts as defined by New York State Penal Law Articles 130, 263 and Section 260.10. 

  • Child

Anyone who is under the age of 17, but NOT a matriculated student or a person accepted for matriculation who participates in a Covered Activity

  • Covered Activity

An activity sponsored or approved by the University, University-affiliated organization, or by vendor, licensee or permittee, to whom a permit for use of University facilities has been issued; and for the duration of the activity, custody, control and supervision of children is vested in the University, University-affiliated organization or approved vendor, licensee or permittee

  • Covered Person

Person who is responsible for the custody, control and supervision of children participating in the Covered Activity and is either an employee of the University or University-affiliated organization; a University student; a volunteer of the University or University-affiliated organization; or a vendor, licensee, permittee or other person, who is given permission to come onto campus or to use University facilities for Covered Activities; or an employee, agent or volunteer of the above

  • Custody, Control and Supervision

Parent or legal guardian has placed the child in the care of the University, University-affiliate or third party for a duration of time and for a specific covered activity.  The University, University-affiliate or third party is exercising its own authority to guide, manage and supervise the child, in place of the parent or legal guardian