If a child perpetrates an act that meets the definition of sexual abuse, sexual harassment, or inappropriate sexual behavior, as described above, whether the child is a UC or not, the care provider must report the incident to all appropriate entities according to federal, state, and ORR reporting policy and procedures. Q: Can an act be considered sexual abuse or sexual harassment if the perpetrator is a minor, but not a UC?Ī: Yes, a child perpetrator can include another UC, another child residing at the same care provider facility (e.g., a participant in the Unaccompanied Refugee Minors (URM) program), or a child with whom a UC may have contact (e.g., a classmate at school). Revised 08/02/23 4.1.5 Questions and Answers about the Definitions Inappropriate sexual behavior includes singular instances of inappropriate, sexual, derogatory, or offensive conduct that (1) are not serious enough to rise to the level of sexual abuse, and (2) have not occurred repeatedly so as to constitute sexual harassment. Posted 2/5/18 4.1.4 Inappropriate Sexual Behavior Sexual harassment of a minor by an ADULT includes: repeated verbal comments, gestures, phone calls, emails, texts social media messages, pictures sent or shown, or other electronic communication of a sexual nature to a child by a staff member, grantee, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. Sexual harassment of a minor by another MINOR includes: repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, phone calls, emails, texts, social media messages, pictures sent or shown, other electronic communication, or actions of a derogatory or offensive sexual nature. Sexual harassment includes different acts depending on whether the perpetrator is a minor or an adult. Sexual harassment is defined in ORR regulations at 45 C.F.R. Examples include inappropriately viewing a child perform bodily functions or bathing or requiring a child to expose his or her buttocks, genitals, or breasts or recording images of all or part of a child’s naked body or part of a child performing bodily functions. Voyeurism is an invasion of privacy of a child by a staff member, grantee, contractor, or volunteer for reasons unrelated to official duties. Voyeurism by a staff member, grantee, contractor, or volunteer (See definition below).Child pornography or child prostitution or.Any display by a staff member, grantee, contractor, or volunteer of his or her uncovered buttocks or breast in the presence of a child.Any attempt, threat, or request by a staff member, grantee, contractor, or volunteer to engage in activities (1) through (5) above.Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument that is unrelated to official duties or where the staff member, grantee, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire.Contact between the mouth and any body part where the staff member, grantee, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire. ![]() Intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks that is unrelated to official duties or where the staff member, grantee, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire.Sexual abuse of a minor by an ADULT includes the following acts: Child pornography or child prostitution. ![]()
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