Volunteer Waiver and Acknowledgement
YMCA OF PIERCE AND KITSAP COUNTIES
CONDITIONS OF VOLUNTEERING
Volunteer Health: Applicant represents that he/she is in physically sound condition and understands participation in fitness classes and other exercise, weight training, recreational sports, and use of pools, spas, saunas, steam rooms, and fitness equipment carry a potential risk of injuries or illness. Applicant understands the YMCA assumes no responsibility for any such injury, illness, or death. I also hereby acknowledge my responsibility in and commit to communicating any physical and/or psychological concerns that might conflict with my participation in any activity before engaging in such activities and, if the same arise during any activity, then promptly upon experiencing such concerns.
Volunteer Conduct and Right to Use the Facility: Applicant agrees to abide by all policies and procedures of the YMCA of Pierce and Kitsap Counties and its branches, and understand failure to act in accordance with these rules may result in expulsion from the YMCA.
Criminal History: The YMCA conducts regular sex offender screenings on all members, participants, and guests. If a sex offender match occurs, the YMCA reserves the right to cancel membership, end program participation, and remove visitation access. Applicant acknowledges it is the policy of the YMCA to deny membership to any individual registered as a sex offender regardless of offender level or time of conviction.
Property Loss: The applicant understands the YMCA of Pierce and Kitsap Counties is not responsible for personal property lost, damaged, or stolen while using YMCA facilities or participating in YMCA programs.
Photograph Permission: Applicant hereby grants permission for the YMCA to use, without limitation or obligation, photographs or other media that may include the member’s image or voice to promote or interpret YMCA programs.
Insurance: Applicant understands the YMCA does not provide any accident or health insurance for its members or participants, and further understands it is the applicant’s responsibility to provide such coverage.
Privacy Policy: The YMCA holds the privacy of its members and employees as a high priority to maintain their personal information in confidence. As an expression of the YMCA’s commitment to protect the personal information of its members and employees, a privacy policy has been adopted by its board of directors. This policy can be found at ymcapkc.org.
WAIVER AND RELEASE OF LIABILITY
I am aware that participation in YMCA programs and use of YMCA facilities may involve certain hazards associated with equipment, physical exertion, games, sports, and other programs/activities offered by the YMCA. In consideration of, and as part payment for, the right to use YMCA facilities and participate in YMCA programs, I hold harmless, waive, and release the YMCA (“YMCA” includes its employees, volunteers, directors, officers, and agents) for damages of any type, including permanent physical injuries or death, arising out of the ordinary negligence of the YMCA and also for damages of any type arising out of my own negligence, in whole or in part. By participating in the YMCA Nationwide Membership program, I agree to release the National Council of Young Men’s Christian Associations of the United States of America, and its independent and autonomous member associations in the United States and Puerto Rico, from claims of negligence for bodily injury or death in connection with the use of YMCA facilities, and from any liability for other claims, including loss of property, to the fullest extent of the law. I assume all risk of injuries and damages associated with my participation in YMCA programs and the use of YMCA facilities including, but not limited to, falls, slips (whether occurring while in the building, offsite as a part of a program, or anywhere else on the YMCA facilities or property, including adjacent sidewalks, access, and parking areas), contact with other participants, sudden and unforeseen malfunctioning of any equipment, instruction, training, supervision, massage, therapy, classes, or dietary recommendations, the effects of the weather and/or temperature indoor or outdoor, and all other such risks being known and appreciated by me. This release includes foregoing any claim I may have for ordinary negligence arising out of my children’s use of YMCA facilities or participation in YMCA programs. I understand that it is my responsibility to obtain a physician’s release statement if my child has any physical or mental condition that may impair his or her ability to engage in any of the YMCA’s programs or activities.
I fully understand and agree I am waiving all claims I may have against the YMCA arising out of the ordinary negligent acts by the YMCA, and I agree I will not bring a lawsuit against the YMCA arising out of its ordinary negligence. If any portion of this Release is held invalid, I agree the remainder shall continue to be enforceable.
BY SIGNING BELOW, I ACKNOWLEDGE THAT IF ANY INFORMATION SUBMITTED IS FALSE, IT MAY RESULT IN MY NOT BEING PLACED AS A VOLUNTEER. I UNDERSTAND MY SIGNATURE BELOW AUTHORIZES THE YMCA OF PIERCE AND KITSAP COUNTIES TO COMPLETE, AT MINIMUM, A CONFIDENTIAL INVESTIGATIVE REPORT THROUGH THE WASHINGTON STATE PATROL AND A NATIONAL SEX OFFENDER DATABASE, AND I HAVE THE RIGHT TO REQUEST A DISCLOSURE IN WRITING OF THE NATURE AND SCOPE OF THE INVESTIGATION. AS A VOLUNTEER APPLICANT OF THE YMCA, I HEREBY ACKNOWLEDGE THAT I HAVE BEEN PROVIDED, AND HAVE READ AND FULLY UNDERSTAND, THE YMCA’S WAIVER AND RELEASE OF LIABILITY AS WELL AS THE ABUSE PREVENTION POLICIES AND PRACTICES. FOR, AND IN CONSIDERATION OF, VOLUNTEER SERVICE OR CONTINUED VOLUNTEER SERVICE BY THE YMCA, I HEREBY AGREE I WILL NOT ACT IN A MANNER AT VARIANCE WITH ANY OF SAID POLICY STATEMENTS UNLESS CLEARLY SO AUTHORIZED IN WRITING BY MY SUPERVISOR. IF, AT ANY TIME, I AM UNCERTAIN AS TO THE APPLICATION OF ANY SUCH POLICY STATEMENT TO A SITUATION, WITHIN THE SCOPE OF MY VOLUNTEER SERVICE, I WILL SEEK ADVICE FROM MY SUPERVISOR BEFORE TAKING ACTION.
POLICIES AND PRACTICES | ABUSE PREVENTION
Effective Date 12/20/1995 | Revision Date 7/1/2009
WAC 388-150/170-296 | RCW 26-44
PRACTICE
The YMCA has a special concern about incidents of reported child abuse. In our role as an advocate for children and our responsibility for enhancing the personal growth and development of children and adults in all of our programs, we reserve the right to inquire as to a person’s criminal background and to screen applicants for past incidents of child abuse to the extent permitted by law.
This practice outlines the mandatory procedures for the hiring, training, and supervision of staff and volunteers, appropriate conduct related to the supervision of children, reporting procedures of suspected abuse, responsibilities to parents, and recommendations for good practices related to the above.
This practice also pertains to people over the age of 18 who are physically or mentally unable to protect themselves or require adult supervision. These individuals are identified as vulnerable populations and defined as those who are at risk for abuse, coercion, or intimidation by another such as children, elderly, individuals with development or physical disabilities, or persons recovering from substance abuse.
PROCEDURE
Staff Recruitment, Training, and Supervision
1. Reference checks will be conducted, documented, and filed prior to employment for each prospective employee and volunteer. In the event a former employer will not give a reference, the “Reference Check” form shall indicate the name of the employer, contact person, and any information given (i.e., title, salary, dates, etc.).
2. A completed criminal history and background inquiry form will be submitted to the Washington State Patrol and/or an independent background screening service for each staff person and volunteer within seven calendar days of employment or service. Additionally, individuals working in the YMCA’s licensed child care facilities will be required to submit to a background inquiry through the Department of Social and Health Services.
3. All YMCA staff and volunteers shall be identified as such during their shift in a manner familiar to the members by a staff uniform and nametag.
4. At New Employee Orientation or Volunteer Orientation, all new staff and volunteers will participate in an orientation program outlining YMCA policies, procedures, and regulations. They should be aware of legal requirements and, by their signature, acknowledge having received and read appropriate policies, standards, and codes of conduct. A receipt signed by each staff member shall be filed in the personnel file.
5. The full-time exempt staff responsible for staff and volunteers shall ensure each paid or volunteer staff they supervise attends Child Abuse Prevention Training (CAP) within 30 days of employment – job position will determine which version of the training must be completed.
Administration, clerical, maintenance, custodial, and support staff may choose to do either online-based training or live training as determined by their supervisor.
Program, activity, and any job position which works directly with children or vulnerable populations will attend a live CAP session.
All staff, regardless of position, will participate in an annual refresher CAP utilizing the online-based CAP program.
Training will include signs of possible child abuse and approved procedures for responding to and reporting of the suspicion of abuse, and appropriate staff and volunteer conduct.
6. Full-time exempt staff supervising programs involving children or vulnerable adults will make unannounced visits to each program site to ensure standards, policies, program quality, and performance of staff are being maintained. Written record of these visits will be completed and used to evaluate job performance and program quality.
7. Possession or use of any type of weapon or explosive device by staff or program participants is prohibited.
8. Using YMCA or YMCA-shared computers to access pornographic sites, send e-mails with sexual overtones, or otherwise inappropriate messages or develop online relationships is prohibited.
9. Using, possessing, or being under the influence of alcohol or illegal drugs in YMCA programs, on YMCA property, or during working hours is prohibited.
10. Smoking or use of tobacco in YMCA programs, on YMCA property, or during working hours is prohibited.
11. Staff and volunteers will refrain from public displays of affection towards others in the presence of children, parents, and staff.
12. Staff and volunteers are prohibited from using photographic or video equipment, including cellular camera phones, except when used for YMCA publicity and promotions.
Members are also asked to refrain from photographing or video-recording – including cellular camera phones – program participants unless they are a direct family member or with permission from YMCA leadership staff.
A signed release waiver must be on file for all persons in photographs. All photos, negatives, and digital or electronic copies are to remain the property of the YMCA of Pierce and Kitsap Counties.
Staff Relationships with Children
1. In order to protect YMCA staff, volunteers, and program participants, at no time during a YMCA program may a staff person be alone with a single child where they cannot be observed by others. As staff supervise children, they should space themselves in a way that other staff can see them.
2. Restroom supervision – staff and volunteers will make sure the restroom is not occupied by unknown individuals before allowing children to use the facilities. Staff will stand in the doorway while children are using the restroom. This policy allows privacy for the children and protection for the staff by not being alone with a child. When staff is assisting younger children, the doors to the facility must remain open. No child, regardless of age, should ever enter a bathroom alone on a field trip. Always send children in pairs or triads, and whenever possible, with staff. Staff and volunteers should conduct or supervise private activities in pairs – diapering, putting on bathing suits, taking showers, etc. When this is not feasible, staff should be positioned so they are visible to others.
3. Staff and volunteers may not associate outside the YMCA with minors they meet in YMCA programs outside of their parent’s company. This includes babysitting, sleepovers, and inviting children to their homes. Any exceptions require a written explanation and proper documentation before the fact and are subject to YMCA leadership approval. This documentation will be placed in the individual’s file.
4. Staff and volunteers shall never leave a child in their program unsupervised.
5. Adult staff and volunteers may not date or socialize with program participants or members they meet at the YMCA or through YMCA programs who are under 18 years of age.
6. YMCA staff and volunteers will not discipline children by use of physical punishment, acts which are potentially humiliating, or by failing to provide the necessities of care such as food and shelter. Staff will use positive techniques of guidance including redirection, positive reinforcement, and encouragement rather than competition, comparison, and criticism. Staff will have age-appropriate expectations and set up guidelines and environments which minimize the need for discipline.
7. Physical restraint (soft hold) is used only when necessary to protect the child or other children from harm, is only administered in a prescribed manner, must be documented in writing on an incident form, and the parents are notified after the situation has been resolved.
8. YMCA staff and volunteers will not verbally, mentally, sexually, physically, or emotionally abuse children. Staff shall not abuse children including:
Physical abuse – strike, spank, shake, slap Verbal abuse – humiliate, degrade, threaten
Sexual abuse – inappropriate touch or verbal exchange
Mental abuse – shaming, withholding love, cruelty
Neglect – withholding food, water, basic care, etc.
Any type of abuse will not be tolerated and may be cause for immediate dismissal.
9. Staff and volunteers should be alert to the physical and emotional state of all children each time they report for a program and follow appropriate reporting procedures if there are any signs of injury or suspected child abuse. Staff will conduct a health check of each child, each day, as they enter the program, noting any fever, bumps, bruises, burns, etc. Questions or comments will be addressed to the parent or child in a non-threatening way. Any questionable marks or responses will be documented.
10. Staff and volunteers are not to transport children in their own vehicles or allow youth participants who are old enough to drive to transport younger participants during the program. Staff will not transport children in their personal vehicles without prior supervisor authorization and parental approval, unless it is an emergency situation.
11. Staff and volunteers will respect children’s rights to not be touched in ways which make them feel uncomfortable, and their right to say no. Other than diapering, children are not to be touched in areas of their bodies that would be covered by a bathing suit.
12. Staff and volunteers should not give excessive gifts to youth under the age of 18 or developmentally delayed adults.
Responsibilities to Parents
1. Staff who implement programs will keep parents informed about their child’s program participation and any health-related concerns.
2. Parents may visit program sites at any time and need not ask permission to do so.
3. For programs requiring parental release, staff will under no circumstances release children to anyone other than the authorized parent(s), guardian(s), or to an individual authorized by parents in writing, including relatives of children. Sign-in and sign-out logs will be maintained and kept on file at the program site.
4. Information will be available on where to obtain printed and audio-visual resources on child abuse. Resources provided by the YMCA will always be thoroughly reviewed prior to use.
Reporting Procedures
1. When there is suspicion of child abuse, the staff or volunteer to whom it has been reported will immediately inform the full-time exempt staff responsible for the program.
2. Staff responsible for the program will be familiar with and follow the reporting procedures prescribed by the local law enforcement body within 48 hours.
3. The full-time exempt staff receiving the report is responsible for ensuring the facts and the condition of the child are reported. This will be done immediately and on the same day the report is received.
4. Staff and volunteers must review with the responsible full-time exempt staff any observed or alleged child abuse incidents before going directly to Children’s Protective Services (CPS) or the police. If there is an emergency situation, however, the law does protect you from liability from reporting in good faith what you believe to be an incident of child abuse, and in case of an emergency you should proceed to protect the child and call the appropriate authorities.
5. A decision will be made in consultation with Children’s Protective Services and the full-time exempt staff as to how and by whom the child’s parent(s) or legal guardian will be notified of the report. Staff and volunteers may not contact children or parents involved in an alleged child abuse incident without the permission of the branch executive director.
6. In the event the reported incident involves a staff or volunteer, the President/CEO should, without exception, suspend the person from all activities involving the supervision of children. Reassignment to administrative functions may be appropriate. The employee suspension will be until the person is cleared or allegations are proven.
7. Regardless of where or under what circumstances the alleged incident takes place, if a staff person is involved, it will be considered as job related and affecting job performance.
8. Reinstatement of a staff or volunteer will occur only after all allegations have been cleared to the satisfaction of the President/CEO and the investigating agency.
9. All staff and volunteers will be sensitive to the need for confidentiality in the handling of information in this area and will be instructed to discuss matters pertaining to abuse or suspected abuse only with the appropriate YMCA staff.
DEFINITIONS
1. “Abuse or neglect” means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child or vulnerable adult by any person under circumstances in which the person’s health, welfare, or safety is harmed.
2. “Staff” means all full-time or part-time paid employees.
3. “Volunteer” means all non-paid individuals who donate their time to support and enhance the operations or programs of our YMCA. For purposes of this policy, those who volunteer for one-time special events may be excluded from mandatory child abuse prevention training, if they are directly supervised by assigned YMCA staff or volunteers.
Abuse Prevention Code of Conduct for Staff and Volunteers
YMCA OF PIERCE AND KITSAP COUNTIES
1. In order to protect YMCA staff, volunteers, and program participants, at no time during a YMCA program may a staff person or volunteer be alone with a single child where they cannot be observed by others. As staff supervises children, they should space themselves in such a way that other staff can see them.
2. Staff and volunteers shall never leave a child in their program unsupervised.
3. Restroom Supervision: Staff and volunteers will make sure the restroom is not occupied by individuals before allowing children to use the facilities. Staff will stand in the doorway while children are using the restroom. This policy allows privacy for the children and protection for the staff by not being alone with a child. When staff is assisting younger children, the doors to the facility must remain open. No child, regardless of age, should ever enter a restroom alone on a field trip.
4. Staff and volunteers should conduct or supervise private activities in pairs; diapering, putting on bathing suits, taking showers, etc. When this is not feasible, staff and volunteers should be positioned so that they are visible to others.
5. Staff and volunteers will not abuse or mistreat children in any way, including:
• Physical abuse - striking, spanking, shaking, slapping
• Verbal abuse - humiliating, degrading, threatening
• Sexual abuse – touching/speaking inappropriately, showing inappropriate materials
• Mental abuse - shaming, withholding kindness, being cruel, belittling
• Neglect - withholding food, water, or basic care
6. No type of abuse will be tolerated and may be cause for immediate dismissal.
7. Staff and volunteers will use positive techniques of guidance including redirection, positive reinforcement, and encouragement. Children may not be disciplined by use of physical punishment or by failing to provide the necessities of care.
8. Staff and volunteers will respect children’s rights to not be touched in ways which make them feel uncomfortable, and their right to say no. Children may be informed, in an ageappropriate manner, of their right to set their own “touching” limits for personal safety.
9. Staff and volunteers should not provide their personal contact information, including social media, or email addresses to any child associated with the YMCA of Pierce and Kitsap Counties. All communication should flow through regular business channels.
10. Staff and volunteers may not single out children for favored attention and may not give excessive gifts to youth under age 18 or developmentally delayed adults.
11. Profanity, inappropriate jokes, displays of intimate affection, sharing intimate details of one’s personal life and any kind of harassment in the presence of children, parents, volunteers or other staff are prohibited.
12. Staff and volunteers may not associate outside the YMCA with minors they meet in YMCA programs outside of their parent’s company. This includes babysitting, sleepovers, and inviting children to their home. Any exceptions require a written explanation and proper documentation before the fact and are subject to YMCA leadership approval. This documentation will be placed in the individual’s personnel file.
13. Staff and volunteers may not transport children in their own vehicles without prior supervisor authorization and parental approval.
14. Staff and volunteers may not date or socialize with program participants or members they meet at the Y or through YMCA programs who are under age 18.
15. For programs requiring parental release, staff and volunteers will under no circumstances release children to anyone other than the authorized parent(s), guardian(s) or to an individual authorized by parents in writing, including relatives of the child.
16. Staff and volunteers will report any suspicion or allegation of abuse in accordance with the Child Abuse Prevention policy of the YMCA of Pierce and Kitsap Counties and the laws of the State of Washington.
By signing below I acknowledge that I have read, understand, and agree to the above waiver and release of liability, YMCA of Pierce and Kitsap County Abuse Prevention Policy, and Volunteer Code of Conduct. I understand that any violation of the Abuse Prevention Policy and/or Code of Conduct may result in disciplinary action, up to and including termination of volunteer experience.
