
fot. Dominika Hull-Bruska
Protection of minors from harm at the University of Wrocław – an interview with Joanna Helios
Joanna Helios, a PhD in Legal Sciences, is a professor at the University of Wrocław and a legal advisor at the District Chamber of Legal Advisors in Wrocław. Her research interests include violence against children, legal protection of animals, ethics in legal professions, and statutory interpretation. Recently, she was appointed as the Rector’s Representative for protection from harm to minors at the University of Wrocław. Professor Helios talks about the standards of protection of minors at our university.
What are the main tasks and objectives of the Rector’s Representative for Protection from harm to minors ?
The tasks are defined in Regulation no. 149/2024 of the Rector of the University of Wrocław on the introduction of standards for protection from harm to minors at the University of Wrocław of 14 August 2024. The main responsibility of the Rector’s Representative for protection from harm to minors is participating in interventions by conducting discussions with the parents/guardians of the child, collecting and reviewing all the documents required for investigation, and providing responses and explanations.
As the Rector’s Representative, I will participate in discussions with minors alongside specialists such as psychologists, educators, and legal experts. I will also be involved in the work of the intervention team and expert groups. Additionally, I will provide recommendations and submit proposals to the Rector as outlined in the referenced regulation.
My responsibilities will also include informing the appropriate social welfare centre about the need for family support when a child’s needs are unmet due to poverty. In cases of violence or neglect, I will notify them about the necessity of initiating the “Blue Card” procedure. Additionally, I will be required to inform the family court, the school, and the parents/guardians of the child. I will also submit notifications on suspicion of committing a crime to the local police unit or prosecutor’s office.
As the Rector’s Representative, I am also responsible for reviewing and updating the standards, responding to reports of their violations, and proposing changes. The Representative conducts an annual survey among the university staff to monitor the level of compliance with the standards. In this survey, staff can suggest changes to the standards and indicate any violations occurring at the university. The Representative examines the surveys completed by university staff and prepares a monitoring report based on the results. This report is then submitted to the Rector and the Vice-Rector for student affairs. Additionally, the Representative is responsible for training the staff of the student houses to implement the standards effectively.
Why is the protection of minors in the academic environment so important?
Every year more and more minor students enrol at the University of Wrocław. We must also consider high school and elementary school students who participate or wish to participate in various scientific events and open days organized by the university. Adopting these standards ensures safety for minor students at the University of Wrocław.
How does the university ensure the safety of minors on its premises?
First of all, university staff, thanks to the implementation of standards, possess knowledge that allows them to pay attention to risk factors and signs of harm as part of their duties. It is important to remember that threats to the safety of minors can take various forms, using different behaviours, contact methods, and communication styles. The staff pay attention not only to crimes being committed or attempted but also to non-criminal forms of harm, such as yelling, physical punishment, and neglecting the basic needs of minors.
Later, if risk factors are identified, the Rector’s Representative takes action, which may include discussing the situation with the parents, providing information about available support services, and encouraging the minors to seek help for themselves.
Specifically, what procedures are implemented at the university to protect minors?
The procedure is described in detail in Regulation no. 149/2024 of the Rector of the University of Wrocław on the introduction of standards for protection from harm to minors at the University of Wrocław of 14 August 2024. The regulation includes the principles for intervention in cases of suspected harm to minors. The procedure applies to situations where there are suspicions of harm to a minor by a university staff member, the Rector’s Representative, another minor present at the university, and also covers situations where the harming child is not involved in university activities. Suppose a note or intervention indicates a suspicion of a crime against or involving a minor. In that case, the Rector’s Proxy promptly prepares a notification on suspicion of committing a crime and submits it to the appropriate local police unit or prosecutor’s office. If the person suspected of harming a minor is a child aged between 13 and 17, and their behaviour constitutes a criminal offense, the Rector’s Representative will notify the appropriate family court. If a minor, as defined in article 10 of the penal code, commits a crime, the relevant police unit or prosecutor’s office will be informed. If a note or intervention indicates that the child’s well-being is at risk, the standard procedure is initiated (§ 9 and § 10, paragraph 1 of the regulation), and the Rector’s Representative prepares a request for access to family matters, submitting it to the relevant guardianship court. Additionally, if there is suspicion of domestic violence against a minor, the standard procedure is followed (§ 9 and § 10, paragraphs 1-2), and the Rector’s Representative promptly prepares a notification on suspicion of domestic violence and informs the appropriate interdisciplinary team at the municipal or communal social welfare centre.
Are there specific guidelines regarding the interaction of staff and students with minors?
Yes, in Section III of Regulation no. 149/2024 of the Rector of the University of Wrocław on the introduction of standards for protection from harm to minors at the University of Wrocław of 14 August 2024, the principles ensuring safe relationships between minors and university staff are articulated in detail. These principles address safe interactions between university staff and children, prohibited behaviours towards minors, activities involving minors, communication between staff and minors, physical contact with minors, interactions outside of working hours, online safety, data protection principles regarding minors’ personal information and images, and guidelines for safe internet and electronic media usage. It is also important to pay attention to the protection of the image and personal data of minors (appendix 2 to the standards) and detailed rules for safe internet and electronic media usage (appendix 3 to the standards).
What are the sanctions for individuals who violate the principles of protecting minors at the university?
In the case of reporting harm to a minor by a university staff member, we can refer to the sanctions outlined in Regulation no. 149/2024 of the Rector of the University of Wrocław on the introduction of standards for protection from harm to minors at the University of Wrocław of 14 August 2024, which include:
- the possibility of suspending a university staff member suspected of harming a minor from all forms of contact with children until the matter is resolved;
- in the case of forms of harm other than a crime against a minor, a procedure is initiated, and all circumstances of the matter are investigated by the Rector’s Representative;
- in situations where the violation of a minor’s rights is significant (discrimination or violation of dignity), we may speak of a sanction in the form of terminating the legal relationship or recommending such a termination;
- recommending a ban on entry for a person who has harmed a minor and is not directly employed by the university or terminating the contract with the collaborating institution.
What training is offered to employees and students to raise awareness about the protection of minors?
In the near future, I am planning to conduct training for the staff of the student houses regarding the standards of protecting minors in the context of hospitality, tourism, and collective accommodation services. The student houses are particularly important for students, so we need to focus on raising awareness among the staff about the standards for protecting minors from harm, their relationships with minors, and how to identify a minor and their relationships with the adult they are staying within the student houses. Next, training for the university staff will be provided.
Is there a plan for organizing educational activities or information campaigns regarding the rights of minors and protection against violence?
Education and information campaigns regarding the rights of minors and violence prevention are important. It is essential to remember that violence has various forms (active: physical, psychological, sexual, economic, and passive, such as neglect, as well as domestic, institutional, symbolic), and the most common victims of violence are minors. The primary legal act regulating anti-violence issues is the Act of 9 March 2023, amending the Act on Counteracting Domestic Violence and certain other acts (Journal of Laws of 2023, item 535). In the Act of 9 March 2023, greater attention has been drawn to the need for special protection and support for minors who experience domestic violence. Minors who witness acts of violence are also included among those affected by violence (Article 2). The role of child protection standards is to enhance their safety. A summarized version of the minor protection standards is available on the University of Wrocław website. The page also contains a link to the full regulation. Additionally, information about the minor protection standards at the University of Wrocław has been posted on the university’s Facebook page.
What is the procedure for reporting cases of harm to minors at the university?
I can outline the procedure in a simplified way as follows:
- The obligation to prepare a written or email report to deliver the information to the Rector’s Representative.
- The report is prepared in the following cases:
- when a staff member suspects that a minor is being harmed;
- when such a circumstance is reported by the minor or their guardian.
- The intervention is conducted by the Rector’s Representative (in collaboration with specialists/intervention team).
- The obligation of university community members to cooperate, follow recommendations, provide support, answer questions, and share documents upon the request of the Rector’s Representative
- The obligation to prepare an intervention card documenting the course of each intervention (template provided in appendix 1 to the standards).
- The obligation for a staff member who first received information about a threat to a minor’s life or a risk of harm to inform the appropriate authorities (police, emergency services). Important phone numbers: 112 and 998. It is essential to always remember to complete the intervention card.
What actions are taken after receiving a report of a possible violation of the rights of minors?
In the case of a report of harm to a minor, the Rector’s Representative:
- talks to the child, taking into account their mental development, health status, and level of maturity, and to other people who have or may have knowledge about the incident or the child’s personal, family, and health situation;
- determines the course of the incident and its impact on the child’s mental and physical health;
- completes the intervention card;
- arranges a meeting with the child’s guardians;
- may inform the social welfare centre about the need for family assistance (in cases of poverty) or the need to initiate the “Blue Card” procedure (in cases of violence and neglect).
How does the university protect those reporting incidents from potential reprisals?
Let’s remember the principle of confidentiality. All individuals who have information about the harm to a minor or related information are obliged to maintain confidentiality. This principle applies to everyone, including the Rector’s Representative. The confidentiality rule does not apply to information shared with the appropriate justice and public administration authorities (police, prosecutor’s office, courts, social welfare agencies, diagnostic and support groups established by the interdisciplinary team). In my opinion, the principle of confidentiality serves a protective function against potential reprisals.
What changes and improvements in the area of child protection are planned for the near future?
At this stage, it is difficult for me to discuss changes and improvements in the area of protecting minors from violence at the University of Wrocław. Let’s remember that the regulation is in effect from 14 August 2024. The University of Wrocław is well-prepared to protect minors from harm, and the standards have been developed with the utmost care, based on the “Kamilek’s Act” and the principle of the child’s best interest. I will conduct a monitoring survey every 12 months to assess the implementation of the standards. This will also provide an opportunity for review and potential updates.
What do you think are the most important steps that every educational institution should take to better protect minors from harm?
We have already taken the first step which was the introduction of child protection standards at the University of Wrocław. The next step is educating and raising awareness in the community about the role of these standards in protecting minors from harm. The procedure is crucial. At the University of Wrocław, we have clear and transparent intervention guidelines in cases of suspected harm to minors.
Interviewer: Agata Mitek (Communication Department of University of Wrocław)
Translated by Julia Kołakowska (student of English Studies at the University of Wrocław) as part of the translation practice.