Preamble
The Safeguarding Policy (the “Policy”) at Notre Dame University-Louaize (the “University”) aims to create a safe and inclusive environment within its premises, in accordance with Lebanese law, relevant provisions of Canon Law, and international legislation, including UN conventions on the rights of children and persons with disabilities. Its purpose is to prevent harm, abuse, and exploitation.
This Policy seeks to uphold the dignity and respect of children and vulnerable adults and is grounded in the conviction that every person has intrinsic value, regardless of gender, religion, age, race, ethnicity, or other cultural factors. The Policy promotes a culture of vigilance, legal compliance, awareness, education, community support, and continuous improvement.
Policy and Scope of Application
Definitions
- A child is defined as anyone under the age of 18.
- Vulnerable individuals are defined as any vulnerable person who belongs to a group within society that is either oppressed or more susceptible to harm.
- Safeguarding is defined as creating a safe environment that involves collective and individual responsibility, as well as preventative actions to ensure that all children and vulnerable adults are protected from deliberate or unintentional acts that lead to the risk of or actual harm. Safeguarding is carried out by developing and implementing a set of policies, procedures, and practices that ensure all organizational functions are channeled to prioritize each child and vulnerable adult’s safety.
1. Applicability
1.1 This Policy has been established to:
- 1.Ensure a safe environment free from abuse, harassment, or maltreatment.
- 2.Protect children and vulnerable adults.
- 3.Conduct a risk assessment for all partners involved in programs and activities such as summer camps, LLC trainings involving children and vulnerable adults.
- 4.Prevent any negative impact on children's physical, emotional, mental, social, and educational wellbeing and development.
- 5.Ensure vulnerable adults receive appropriate care and attention.
- 6.Promote an overall culture to help maintain the adequate development of children and vulnerable adults.
1.2 This Policy applies to the entire University community.
1.3 Due to the sensitivity of this Policy’s subject matter, proactiveness is essential. All faculty, staff, and students are encouraged to contact Committee members listed in this Policy should they become aware of any actual or potential breaches.
2. Legal and Canon Law Framework
This Policy operates within the framework of Lebanese civil law and relevant Canon Law provisions:
- The Lebanese Constitution (1926, amended 1990)
- Penal Code (1943, with amendments)
- Personal Status Law (1951)
- Decree No. 5734 (1994) on the Ministry of Social Affairs
- Law 422/2002 on the protection of minors
- Labor Law (1946, amended 2010)
- Arab Charter on Human Rights
- United Nations Convention on the Rights of the Child (UNCRC)
- United Nations Global Partnership to End Violence Against Children
As a Catholic institution, NDU is committed to applying all regulations, memoranda, circulars, and instructions issued by "The Maronite Patriarchate of Antioch and all the East" regarding the protection of children and vulnerable adults, and more particularly “The Code of Ethical Conduct for Clergy, Employees, and Volunteers” working with minors and youth.
3. Investigation Committee & Responsibilities
3.1 Committee Scope
The Committee will ensure that all programs, activities, and events organized by the University are in line with this Policy. External bodies utilizing University premises or facilities for events must commit to adhering to the University’s safeguarding directives.
All University members agree to acknowledge, accept, and promote the subject matter of this Policy. Additionally, they commit to acting in good faith and, to the best of their knowledge, preventing the maltreatment of children and vulnerable adults-at-risk by practicing diligence and respect, and by refraining from any form of discrimination, harassment, abuse, or neglect.
They also agree to:
- Disclose to the University any prior relationships with a child or vulnerable adult (e.g., family member).
- Respect and uphold the principle of consent at all times.
- Ensure that any contact with children and vulnerable adults is supervised.
3.2 Committee Structure
A Committee is responsible of receiving information regarding this Policy. The Committee will comprise:
- Chairperson: Oversees the committee, ensuring fair and unbiased implementation, in addition to making final decisions in consultation with committee members.
- Psychologist Counselor: Equally supports the alleged victim and the accused through the investigation process, assessing their wellbeing and mental health status while advising the committee on their condition.
- Legal Counsel: Advises on legal aspects, ensures compliance with local laws, and assists in upholding the confidentiality of the investigation.
- Director of Human Resources: Manages administrative aspects of the investigation in general through record keeping, communication, and employee policies implementation.
- Faculty Member: Contributes their academic expertise and professional background to ensure comprehensive representation and decision-making within the committee's framework as needed.
- University General Chaplain: Ensures that the investigation is aligned with the organization’s ethical standards and teachings.
- North Campus and Shouf Campus representatives, on an as-needed basis.
3.3 Handling Disclosures
- The Committee will take every disclosure of information regarding this Policy and the individuals of interest with complete professionalism and seriousness.
- The Committee will ensure the anonymity of the disclosing party and take every necessary step to support, or assign someone to support, and follow up with them regarding the disclosed information and its status accordingly.
- The Committee will not show any biased judgment, and to the best of their capabilities, create a fostering environment for the disclosing party and all involved individuals. This includes treating the accused with care, respect, and dignity, ensuring no prejudgment, especially in cases where accusations could potentially be false.
3.4 Reporting Process
- Any individual who becomes aware of any potential or actual abuse or breach of this Policy is responsible for reporting it immediately to the Committee’s Point of Contact (PoC) at the Office of Human Resources, email: hr@ndu.edu.lb.
- Upon receipt of the complaint, PoC will be responsible for handling the allegation. If the initial assessment indicates that the allegation is credible, the PoC will notify the Committee to schedule a meeting within 48 hours. The PoC presents their findings to the Committee, which then determines whether the case requires further investigation.
- Interim measures may be taken to protect the reporting party, alleged victim, accused, and others from potential harm, including, but not limited to, temporary suspensions, reassignments, or any other necessary action.
- The Committee will then meet to study the case at hand. The committee will assess all allegations of abuse, harassment, or any sort of maltreatment and, if necessary, report to the relevant church and Lebanese civil authorities as required by law and canon law.
3.5 Investigation Procedures
- An investigation report shall be established post-completion of the investigation and submitted to the President.
- If the President concludes that abuse or a breach of the Policy has been inflicted or endured, disciplinary actions shall be implemented. Support for the victims will be extended by the Committee accordingly.
3.6 Appeal Process
Individuals involved in the investigation have the right to appeal the decision. The Committee’s Chairperson and Legal Counsel will decide on the validity of the appeal. Only one appeal is allowed per investigation, which should be addressed due to a fundamental belief that the original decision was not established in a fair and impartial manner.
3.7 External Advisors
In the event that the Committee is incapable of providing proper guidance to the disclosing party, they will assign someone with the right set of skills and background who will agree to report back to the Committee with the proper advice and propose next steps.
3.8 Concerns Involving University Personnel
If the information provided concerns a member of the University community (excluding students):
- The Committee will ensure that its members are not affiliated with said individual, and if the latter applies, said individual will be replaced accordingly.
- The disclosed information shall be shared with the relevant authorities for further investigation if need be.
- The Committee will not inform the concerned individual about the disclosed information and will maintain confidentiality until investigations have been concluded.
3.9 Record Keeping and Timeline
- The Committee will keep all information disclosed and discussed as a written record and shall be maintained for a period of no less than five (5) years.
- The Committee shall not take more than three (3) business days to finalize their decision.
3.10 Whistleblowing
Encouragement of Reporting
- The University is committed to fostering a culture of integrity, transparency, and accountability. Staff, employees, and personnel are encouraged to report any concerns or suspicious behavior, including, but not limited to, sexual or non-sexual abuse of any child and/or vulnerable adult without fear of retaliation.
Confidentiality and Protection
The University will take all reasonable efforts to safeguard the protection of whistleblowers from retaliation or adverse actions due to them coming forward:
- Reports made in good faith will be treated with the utmost confidentiality to the extent permitted by legislation.
- Malicious reports made in bad faith or with malintent shall be treated as a violation of this Policy.
4. Recruitment and Legal Compliance
4.1 Due Diligence
The University will conduct strict and extensive due diligence with every new hire, including but not limited to, criminal background checks.
4.2 HR and Academic Affairs Responsibilities for New Hires
HR will ensure that all individuals offered a position have:
- An extensive CV/Resume highlighting in detail their background and history.
- Provided at least one (1) credible reference.
- Met all the necessary qualifications and requirements for the position.
4.3 Acknowledgment by New Hires
All individuals offered a position at the University must acknowledge and agree to the provisions of this Policy.
4.4 Assessment of Potential Threats
- In the event HR identifies a new potential recruit with a background or overall tendency that could be a threat to this Policy and its protected subjects, they shall report this information to the Committee who will advise on the matter.
- The Committee will, in the event they allow the recruit to be employed, provide a detailed report as to why this individual was extended an offer.
5. Budget for Safeguarding
The University is committed to maintaining a strong safeguarding framework, supported by a yearly budget.
5.1 Budget Oversight
The Office of the Vice President for Academic Affairs is responsible for overseeing the safeguard policy and will make sure to check if any items within the policy that require financial resources are identified and budgeted.
5.2 Dedicated Budget Line
A separate budget line has been established specifically for safeguarding measures, ensuring that resources are readily available to support ongoing initiatives and respond to emerging needs, including training, awareness campaigns, and the operation of support services.
5.3 Budget Approval
Each year between February and March, the Vice President for Academic Affairs submits the proposed safeguarding budget to the Office of Finance for approval. After that, all University budgets will be presented to the BOT for final clearance and approval by June.
5.4 Monitoring and Evaluation
Regular assessments are conducted to evaluate the effectiveness and impact of budget allocations on safeguarding measures. Adjustments to the budget will be made as necessary to ensure that all safeguarding needs are met consistently.
5.5 Transparency and Reporting
Annual budget reviews will ensure alignment with University safeguarding goals.
6. Training and Prevention
- Training covers the Policy overview, recognition of abuse and maltreatment signs, reporting procedures, confidentiality, and non-retaliation.
- The delivery of the training will be on an ad hoc basis in-person, online, or through a workshop depending on the subject case, with records maintained to track attendance and compliance.
- The Committee will establish necessary trainings for the University members to promote the importance of the proper execution of this Policy.
- The Committee will ensure that any reported individual will have to undergo said training(s) and assess on an ad hoc basis any next steps.
- Non-compliance with training content may lead to disciplinary action.
7. Review and Revision
- The Committee will ensure the proper execution and periodic revision of this Policy.
- The Committee will review the substance of this Policy annually and amend or adjust its provisions accordingly. Any amendments will be sent to the University Council for approval. Once approved, a memo will be sent to all University members for acknowledgment of the updated Policy.