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REG - 01.04.6 - Children in the Workplace or Classroom Regulation

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Authority: Chancellor
Responsible Office Legal Affairs
History: Effective date: August 14, 2017
Related Links:
Contact: Office of Legal Affairs, 919-530-6105, ncculegalaffairs@nccu.edu

1.         Purpose

North Carolina Central University (“NCCU” or “University”) is a state-supported institution that values a healthy balance between supporting a family and workplace and academic obligations. This regulation governs the circumstances when University employees and students may bring children into the workplace or classroom. The purpose of this regulation is to establish criteria that permit children to visit their parents (or other relatives) who work or attend the University, protect their welfare and safety, reduce potential liability and risk for the University, and promote an environment in which faculty, staff, and students remain productive.

2.         Scope

This regulation applies to faculty, staff, students, and University affiliates (collectively referred to as “employees”), as well as to volunteers and guest researchers, in accordance with the provisions of NCCU REG 50.01.3 (Volunteer/Guest Researcher Regulation). This regulation does not apply to approved University programs, events, or camps that involve children in education, research, or supervised care. Furthermore, this regulation does not apply to children enrolled in the University’s child care facility.   

3.         Definitions

For the purpose of this regulation:

3.1 “Child” or “Children” means a person or persons less than 18 years of age, and not enrolled or admitted for enrollment in classes at North Carolina Central University.

3.2 “Faculty,” “Staff,” or “Employee” means any person under the employment of the University who has responsibility for a child, as defined above, while in the workplace or classroom regardless of the person’s relationship to the child.

3.3 “Student” means any person currently enrolled or admitted for enrollment in classes at NCCU who has responsibility for a child, as defined above, while in the workplace or classroom regardless of the person’s relationship to the child.

3.4 “High risk area” includes any area deemed high risk by the campus risk manager, or any area with: hazardous levels of radiation, hazardous chemicals or substances; hazardous biological agents or vectors; or, hazardous equipment or processes. Examples of areas with these characteristics include, but are not limited to:

3.4.1    Laboratories (excluding those designed for research subjects who are minors);

3.4.2    Machine shops, woodworking shops, or similar workshop areas;

3.4.3    Mechanical rooms;

3.4.4    Steam plants;

3.4.5    Construction areas;

3.4.6    Maintenance garages;

3.4.7    Animal care or animal research facilities;

3.4.8    Food preparation areas;

3.4.9    Fitness centers;

3.4.10  High security areas; and

3.4.11  Areas that are excluded for general employee or student access.

3.5 “Management” includes the following:

3.5.1    For employees – the employee’s immediate supervisor;

3.5.2    For students – the student’s professor who will be providing instruction in the classroom where the student desires to bring a child.

3.6 “Workplace” includes any location on North Carolina Central University owned or controlled property where job functions can be performed.

3.7 “Classroom” includes any location on North Carolina Central University owned or controlled property where academic curriculum or instruction can be conducted.  

4.         Regulation Statement

4.1 The workplace and classroom are typically not appropriate places for children of employees or students. However, the University recognizes that employees or students may occasionally want to bring children into the workplace or classroom for the following circumstances:

4.1.1 Brief visits (e.g., an employee or student brings his/her child, grandchild, or other minor relative into the workplace or classroom to introduce that child to co-workers, colleagues, or classmates).

4.1.2    Specific campus events sanctioned by management and at which attendance by children is encouraged (e.g. Take Your Child to Work Day).  

4.1.3    Situational convenience or in the event of an emergency. 

4.2 Responsibilities

4.2.1 Generally, an employee or student who brings a child into the workplace or a classroom shall not leave the child unsupervised. Employees or students are responsible for verifying with the applicable member of management the circumstances under which children are to be permitted in the workplace or classroom. If management allows children to occasionally visit the workplace or classroom, both the student or employee and management must accept certain responsibilities (listed below) to protect the welfare of the child and the integrity of the workplace or classroom.

4.2.1.1 An employee or student who brings a child to the workplace or classroom must:

4.2.1.1.1 Be the individual who primarily supervises and cares for the child while in the classroom or workplace;

4.2.1.1.2 Prevent any breach of confidential information;

4.2.1.1.3 Address with management any issues related to a child’s infectious disease; and

4.2.1.1.4 Accept full responsibility for all aspects of the child’s behavior, including: safety of the child, disruption to co-workers, colleagues, or fellow classmates, unauthorized or inappropriate use of university resources, and any damage to property or injury to persons.

4.2.1.2 A member of management who receives a request from an employee or student to bring a child into the workplace or classroom must:

4.2.1.2.1 Determine that either hazards are not likely to exist, or that hazards can be controlled under the circumstances in which the child will be present;

4.2.1.2.2 Address potential issues of possible disruption to co-workers, colleagues, or classmates;

4.2.1.2.3 Consider the extent to which the child’s presence could pose a risk of breaching confidential information;

4.2.1.2.4 Consider the extent to which the child’s presence is appropriate to the specific work being accomplished; and

4.2.1.2.5 Consider the health of co-workers, colleagues, or classmates before an employee or student is allowed to bring a child with an infectious disease to the workplace.

4.3 High Risk Areas

Children are not allowed in high risk areas, as defined in this regulation, unless an exception has been agreed to by management of the area and the institutional risk or safety officer.

5.         Procedures

5.1       With the exception of brief visits (as per Section 4.1.1), campus events sanctioned by management (as per Section 4.1.2) and cases involving an emergency (as per Section 4.1.3), a student or employee must contact his/her immediate supervisor or professor, in writing, to discuss the reason(s) for the request and the time period of the request. The request should include information regarding the circumstances which require him/her to bring the child to the workplace/classroom, the age of the child, how long the child will need to be present and actions the employee or student will take in order to minimize any potential disruptions.

5.2       Approvals

5.2.1    The appropriate member of management shall inform the employee/student in writing of the approval.  The approval shall include the time period covered by the approval and any responsibilities that the employee or student need to adhere to while the child is in the workplace or classroom.

5.2.2 If the employee/student’s request is approved, the member of management will notify his or her supervisor of the decision within a reasonable time.

5.2.3 A student or employee must provide as much advance notice to the appropriate member of management as the circumstances allow regarding his or her request to bring a child to the workplace or classroom.  Except in the case of an emergency, approval must be obtained by an employee or student prior to bringing a child to the workplace or classroom.

5.3  Denials

5.3.1 A member of management has the authority to deny the presence of a child in the workplace or classroom. A denial of an employee or student’s request to bring a child to the workplace or classroom is final and not subject to appeal.

5.3.2 Previously granted permission to an employee or student to bring the child to the workplace (e.g., the child’s presence is later determined to be disruptive to the workplace or classroom) by a member of management may be revoked at any time as long as the revocation is not due to any non-discriminatory or retaliatory reason.

6.         Other Considerations

6.1       An employee or student may not bring a child into the workplace or classroom on a regular basis in lieu of childcare.

6.2       An employee or student will be held personally responsible for any and all damages caused by a child that the employee or student brings to the workplace or classroom. 

6.         Violations

6.1 Violations of this regulation may result in appropriate disciplinary action in accordance with applicable University policies, rules and procedures, including the Office of State Human Resources Disciplinary Actions, Suspensions and Dismissal Policy, NCCU Employment Policies for EHRA Non-Faculty and the Student Code of Conduct.