SUMMER CAMP FOR ALL: SERVING THE NEED OF TRANS CAMPERS
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Providing Camp-Specific Knowledge on Legal, Legislative, and Risk Management Issues
WINTER 2018 / VOLUME XXVIII / NUMBER 3
Photo courtesy of Tom Sawyer Camps, Altadena, CA
SUMMER CAMP FOR ALL: SERVING THE
NEED OF TR ANS CAMPERS lore m. dickey, PhD
Northern Arizona University
In This Issue Author’s note:
1 S ummer Camp for All: 12 What If It Does Happen?
Serving the Need of Camp Security – Plans to lore m. dickey was previously known as Mary D. McKinney.
Trans Campers Make and Actions to Take He made a gender transition in 1999. lore is a licensed
psychologist and assistant professor at Northern Arizona University in
7
Marijuana Revisited 16 ACA Adopts Two Public
the Department of Educational Psychology. Correspondence should
Policy Position Statements be directed to lore at the following: Dept. of Educational Psychology,
16 Tax Reform Update PO Box 5774, Flagstaff, AZ 86011; (928) 523-4082;
lore.dickey@nau.edu.
Sponsored by:
CAMPER MEDICAL MADE EASY continued on page 3
THE
CAMPLINE // WINTER 2018 // PAGE 1
M AKE IT EASY ON YOURSELF.
TRUST AMERICAN INCOME LIFE.
SUMMER ADVENTURE
LEARNING
INDEPENDENCE
OPPORTUNITIES
MEANINGFUL
AMAZING
MEMORIES
MAGIC
LAUGHTER
CAMP
DISCOVER
COMMUNITY
HOME RELATIONSHIPS
IMAGINATION
INTERACTION
INCLUSION
STRENGTH LIFELONG
TEAMWORK
PEOPLE
EXPERIENCES JOY
HEALTHY
LOVE
CHALLENGING
LISTENING
FUN
ENVIRONMENT
RECOGNITION
GROWING POSITIVE
SHARING
DIVERSITY
TRADITIONS
BUILDING
APPRECIATION
LEADERSHIP
CONNECTION
HOPE
SHARING
ENCOURAGEMENT
DEVELOPING
UNCONDITIONAL
SAFE
DISCOVERY
BEST LIFE SKILLS
UNIQUE
EXCITEMENT
BELONGING
FRIENDS
KINDNESS
FAMILY
NEW
ALWAYS
Word Cloud compiled from May 2017 survey conducted of ACA Members asking “What Camp Means to You”
CAMPER MEDICAL
Made Easy
bviar@americanincomelife.com
Contact Bill Viar at
for coverage and rate information
AD-9 (R8-17)
continued from page 1
Summer camp can be a very special genderqueer, gender expansive, Will addressing the needs of trans
place for youth. Summer camp allows trans boy, trans girl, and many more. youth in a summer camp setting
a person to explore new activities However, an important difference require a change in “business as
like hiking, horseback riding, arts and exists between trans children and usual?” The obvious answer is yes.
crafts, and other outdoor adventures. adolescents. Speaking in general Are these changes impossible? Will
For some campers, as was the case terms, trans children make a social they disrupt campers’ experiences?
for me, summer camp was the first transition, while adolescents consider The answer to both questions is no. In
place I felt like I could be myself medical interventions. Social transitions the following sections, we will focus
without any filters or expectations. As include a change in the name and on several areas related to campers,
a child, I only attended Girl Scout pronouns used by a child (having including whether and how to accept
camps. When there was a male made a social transition could also be a trans camper, housing at camp,
in camp, he was either the camp said to have affirmed one’s gender). the use of hygiene facilities (e.g.,
ranger or the dishwasher. It wasn’t Social transitions also include a bathroom and showers), and the use
that other men weren’t allowed, but change in the manner of dress (also of gender-inclusive programming.
looking back, it was the first space known as expression). The difference Following this focus on trans campers,
I visited where I was surrounded by for trans adolescents is their readiness we will address the needs of trans staff
women. The opposite is true about for medical interventions. One such in the camp setting and the need for
the Boy Scout camp that is 23 miles intervention is the use of hormone cultural knowledge as a part of staff
away. What happens though when a blockers that suspend the adolescent’s training. Some of the concerns with
gender-diverse child wants to attend puberty. It is possible, with parental staff members are no different than
summer camp, especially if that camp support, for an adolescent to begin they are for campers, but the focus is
is designed to serve a single gender? “cross-sex” hormone therapy at the different since the primary role of a
age of 16. However, it is unlikely staff member is camper safety.
Whether a camp is intended for youth
that a trans person will have genital
of a single sex (girls or boys) or is Trans Campers at Camp
surgery prior to becoming an
a co-ed facility, there are numerous
adult (age 18). If a more thorough In an ideal world, you will know
ways that boys and girls are segre-
understanding of the needs of trans prior to a camper’s arrival about their
gated such that it might as well be a
children and adolescents is required, gender identity. However, sharing
camp for children of a single sex. This
please see the list of additional this information prior to camp will not
traditional approach to summer camp
resources at the end of this article. always be the case. The challenge this
programming leaves out those children poses is that you may not have had a
and youth who are gender diverse. In For the most part, trans campers with chance to consider how this camper’s
this article, we offer some basic guid- a binary gender identity (identifying as needs can be met and whether the
ance on ways you might address the a boy or a girl) create few challenges. staff have any training to understand
needs of transgender youth who want Campers with nonbinary identities how to best work with a trans camper.
to attend your camp. may be confusing to you and may Although you may not have personally
bring some additional challenges
Gender-Diverse People confronted any transgender issues,
you haven’t begun to explore. People enrolling trans campers is becoming
Who are gender-diverse people?1 with nonbinary identities believe that increasingly common. In 2016,
gender is on a spectrum, and they do
according to the ACA Fall Enrollment
not believe their gender is limited to
1
Gender diverse is used here as an all-
the immutable concept of the gender
inclusive term. Some other identity labels
include transgender and transsexual. For binary (i.e., only two gender choices
Icon Key
this article, we use trans as shorthand for of male and female). Youth and adults
all gender-diverse people. with nonbinary identities may use The icons below correspond to article topic
pronouns that are not commonly used areas. Use them to find the articles that
among cisgender2 people. Pronoun
For the time being, we will focus on best match your interests!
options for nonbinary people include
children and adolescents. We will they/them/theirs that would be used in
address staff members later in this the same fashion as she/her/hers and EDUCATION POSITION STATEMENT
article. Gender diverse children and he/him/his.
adolescents are those youth whose ISSUES PUBLIC POLICY AGENDA
gender identity and expression is DEVELOPMENT
different from the sex they were
2
Cisgender is a term that is used to
describe people whose gender identity LEGISLATIVE REGULATORY
assigned at birth. Different terms ADVOCACY
and sex assigned at birth are in align-
are used to describe these children ment. In other words, a cisgender person
and adolescents: gender diverse, is not trans. MOBILIZATION RELATIONSHIPS
gender creative, gender nonbinary,
continued on page 4
THE
CAMPLINE // WINTER 2018 // PAGE 3
continued from page 3
Survey, one out of every five ACA that is consistent with their affirmed against someone on the basis of
camps indicated they had served gender? What is your responsibility their gender, which includes people
trans campers. Additionally, several to share requests like this one made with trans identities. For example, if
camps operate in the US that only by the camper with their caregivers? you use any federal facilities (e.g.,
serve LGBTQ (lesbian, gay, bisexual, In another example, campers often US Forest Service land) you are
transgender, queer, or questioning) develop strong connections at camp required to have a statement of equal
campers. and decide to stay in touch after the opportunity. Most of these statements
are inclusive of sex or gender, and
these very policies have been used
In 2016, according to the ACA Fall Enrollment Survey, to support a trans person’s right to
one out of every five ACA camps indicated they had access of programs, employment,
served trans campers. and housing. To this point, we are
not aware of such a legal decision
camp session ends. If the trans camper regarding a camp setting. However,
The possibility exists that a camper will
has been known by their affirmed legal advice is critical to ensure that
arrive at camp and inform the camp
name and pronouns, what happens you are not putting your organization
staff that they have a trans identity and
when their new friend reaches out or business at risk by not allowing the
would like to be housed with other
to them and uses this affirmed name child to enroll in and attend camp
campers whose sex is consistent with
when the parent is unaware of this based solely on their gender identity
the trans camper’s affirmed gender.
change? How will you address having or expression.
The assertion of their gender identity
accommodated the camper’s requests
may be accompanied by a request A final word about trans campers
to the parent? Although no easy
from the camper that their parents not in the camp setting. When you are
answers exist, considerations of these
be informed, as the camper would first faced with this question, you
types of questions before the camper
face harsh consequences (e.g., abuse) may struggle to figure out how best
arrives prepares you and your staff
if their parents found out. One of the to proceed. One of the first steps for
with viable options for solutions.
challenges, aside from the logistics you to take is to examine your mission
of placing another camper in a You might be wondering whether you statement or the purpose for your
sleeping area, is whether and how can or should accept trans campers program. If serving the trans camper
to address this request. Assuming that for your programs. As a word of falls within your mission or purpose,
you can accommodate the request caution, before making a decision to the answer is easy. You will serve
of the camper, some bigger picture not allow the child to come to camp, the camper. If serving the camper
concerns need to be considered. you should consult with an attorney. does not fall within the mission or
For example, would you allow the Legal precedence is building that purpose, you have more to consider.
camper to be in the sleeping area makes it unlawful to discriminate It is important to use the resources that
Photo courtesy of Tom Sawyer Camps, Altadena CA
continued on page 5
PAGE 4 // WINTER 2018 // THE
CAMPLINE
continued from page 4
are readily available to you, including people are treated with respect, we These policies need to have some
your agency or program administrative know that campers may engage in flexibility so the needs of each camper
support structures, as you make that mistreatment of one another, especially can be handled on a case-by-case
decision. You might also reach out to when someone seems different from basis. One of the best resources for
other camp directors or administrators everyone else. understanding the camper’s needs
in your local area. Lastly, another is to have a conversation with the
Unless your camp has a large
resource is to consult with the staff at child’s parent(s). The parent(s) will
endowment, it is unlikely that you
ACA. You may be surprised to find out likely be open to this conversation,
will be able to make significant
that they have resources applicable to because they want their child to have
renovations that would include
your situation. an enjoyable and safe experience at
gender-inclusive hygiene spaces.
camp. By partnering with parent(s) you
Addressing the Safety Needs However, simple, cost-effective ways
have demonstrated your willingness
of Trans Campers are available to address some of
to understand and address the unique
these concerns. One of the easiest
Years ago, when I was a camper, the needs of their child in that camp
solutions is to place shower curtains in
first thing I wanted to know was where setting.
communal bathing spaces to ensure
I was going to sleep each night.
that all people who are showering are A final area of safety concern is
Prioritizing the designation of sleeping
afforded privacy. It may seem like a related to campers who return in
spaces for campers and staff alike
good idea to just put up one shower a subsequent summer after having
helps them to gain a sense of safety
curtain; however, whoever uses that made a social transition. All of the
and assurance that they have a space
shower stall may find that they are recommendations made to this point
they can call their own. For me, until I
singled out in a way that feels unsafe. apply. If the camper is returning with
had that assurance, I exhibited anxiety
Another possible solution is to set a a group of children with whom they
and had trouble concentrating. Anxiety
shower schedule and allow campers attended camp the previous year, it
can be especially true for campers
to decide which shower time (based is best to allow the camper to decide
who are new to sleepover programs
on gender) best fits their identity. With when and if others should know about
or to campers who have traditionally
the right physical accommodations, their social transition.
marginalized identities (e.g., racial,
one or more time periods could be
ethnic, sexual, and gender minorities). Summer Camp Programming
designated as a time for people of
Nothing is more sex segregated all genders to use the space, with the This section is devoted to co-ed
than housing and hygiene spaces. understanding that people of other camps. Few, if any, programs offered
Sex segregation is present in summer genders might use the shower facilities in camps need to be sex segregated.
camps, schools, and other public at that time. However, programs are often set up
facilities (e.g., swimming pools, locker for girls or boys depending on the
Often, cisgender people have some
rooms, and restrooms). The accepted, activity. Any child with an interest in a
difficulty understanding people with
affirming practice is to allow the program should be able to take part.
nonbinary identities. The challenge
trans child or adolescent to use those The only exception to participation
in the summer camp setting is mostly
facilities that are consistent with their should be related to skill level. As
related to the housing and hygiene
expressed gender. For example, a such, most directors would agree that
issues. Ideally, all-gender housing with
trans female camper (assigned male programs are offered at all skill levels
sleeping areas would be an option.
at birth) would sleep in the same tent as appropriate to the facilities and the
Another option is to ask the camper
or cabin with other girls and would level of staff training. However, there
and/or their parents where the child
participate in all other areas of the may be times when a group of girls
will feel safest. The same approach
camp that are designated for girls. The or boys may choose to participate
should be used with hygiene facilities.
most obvious area of concern is how together, but this engagement must
Depending on the experience of the
to handle dressing, bathing, and the not be at the exclusion of any trans
camper, you may need to have a
use of restrooms. Ideally, the camp campers. If a camper identifies
conversation about how things are
would have one or more gender- as female, she should be allowed
going. It is preferable to engage in
inclusive or all-gender changing and to participate in any activities or
this conversation proactively with
hygiene spaces. There is certainly programs that cisgender girls are
the camper rather than wait for the
some cost associated with this type offered. The same is true for male-
camper to bring an issue to you. The
of facility addition, but to expect a identified campers.
conversation does not need to be a
camper to use a centrally located
big production. It is simple enough to Who Needs to Know
facility that is far from their sleeping
speak with the child during a meal or It is easy to make the case that
area is unreasonable and singles out
some other all-camp activity. certain people need to know about
the camper in a way that can be
used against them. Although summer Camps need to have policies about a trans camper’s identity. However,
camps should be a space where how they will work with trans campers. the knowledge of camper’s gender
identity status should be protected in
continued on page 6
THE
CAMPLINE // WINTER 2018 // PAGE 5
continued from page 5
the same ways that health information with the trans staff member about their Conclusion
is protected. The need for privacy privacy needs. For example, several As said in the beginning of this article,
and confidentiality is especially years ago, I had the opportunity to camp can be a very special place.
true for adolescents who may be spend a week at a summer camp With some attention to the needs
taking hormone blockers or cross-sex for youth with diabetes. My work at of trans youth, it should be easy to
hormones. Besides the camp director, the camp came after I had made a ensure that trans campers also have
the camp nurse is an important person medical transition. I was assigned wonderful memories of their time at
to have on board. The staff in the to oversee a cabin group of boys. I camp. Here are a few thoughts to
camper’s unit or living area should asked the camp director for the ability keep in mind as you make plans to
know about the child’s identity, but to shower and change clothes out welcome trans youth to your camp:
generally do not need to know more of the sight of campers. Fortunately,
details about the child’s experience as the camp facilities were such that this • Camp is for everyone.
a trans person. request was easy to fulfill. Outside of • T he needs of trans campers
the camp director, no one else in the should always be taken seriously.
Parents of other campers are another
camp knew of my status as a trans
likely source of concern for many •A
trans camper’s identity should
person.
directors. No logical reasons exist be respected.
for informing the parent(s) of other Staff Training
campers about the trans camper’s •G
ender-segregated programming
We all know that many content areas is likely not needed.
attendance at a camp their children need to be covered in staff training.
will attend. Camps that are committed •B
e proactive in working with
The challenge is how to add training
to serving the needs of trans campers campers whose needs are
content when the schedule is already
should openly describe their policies different than most other campers
full. Many camps may already have
and options like all-gender living (regardless of gender identity).
a segment about values that could
spaces. In this way, if a parent wants be tweaked to accommodate a The American Camp Association has
their child to be in a single gender broader discussion around cultural long believed that summer camp is
living space, they can identify that in knowledge. Such training could for all children. Trans children are in
their registration. include an exploration of values that need of a positive camp experience
as much as any other child. With
. . . the knowledge of camper’s gender identity some considerations for the specific
status should be protected in the same ways that needs of a trans child or staff member,
it is possible to create a safe and
health information is protected.
enjoyable summer camp for all.
Additional Resources
Addressing the Needs of staff members hold and the ways
Camp Staff that those values can impact the Angello, M. & Bowman, A. (2016).
safety of all members of the camp Raising the transgender child: A
Two areas related to staff need to be
community. Staff members’ personal complete guide for parents, families,
addressed. The first is related to the
values should not be discounted; and caregivers. Berkeley, CA: Seal
needs of staff members who have a
however, in exploring their values, staff Press.
trans identity. The second area is the
should come to an understanding of Brill, S. & Pepper, R. (2008). The
training that all staff need to complete
the ways their values may negatively transgender child. San Francisco: CA:
to ensure culturally competent
affect other community members. The Cleis Press.
interactions with campers, staff
goal of this type of activity would
members, and parents. Brill, S. & Kennedy, L. (2016). The
be to ensure that staff members have
Just as a cisgender person may a good understanding of how and transgender teen. Jersey City, NJ: Cleis
have the desire to work at a summer when to make these values known Press.
camp, the same could be said of to others, especially campers, and Nealy, E. C. (2017). Transgender
a transgender person. Similar to how they philosophically relate to the children and youth: Cultivating pride
the warning about a policy of not camp’s policies. In order to work in a and joy with families in transition. New
accepting trans campers without culturally competent manner, staff must York, NY: W. W. Norton.
exploring the legal ramifications, have a basic knowledge of camper
directors are cautioned against making Testa, R. J., Coolhart, D., & Peta, J.
backgrounds and identities. This
an unfavorable hiring decision for a (2015). The gender quest workbook:
cultural knowledge does not need to
person, who is otherwise qualified, A guide for teens and young adults
be specific to just trans campers, but
based on their gender identity. As exploring gender identity. Oakland,
should address all of the demographic
most staff members are at least 18 CA: New Harbinger Press.
differences that may exist.
years old, a discussion is needed
PAGE 6 // WINTER 2018 // THE
CAMPLINEMARIJUANA REVISITED
By Charles R. Gregg and Catherine Hansen-Stamp©2018*
I. Introduction joined those allowing medical to proceed when a staff member,
marijuana, and at least seven states camper, or other visitor (including
We last wrote on the subject of now allow, with some variations, the rental group staff and campers) asks
camps and marijuana use in the use, possession, growing and sale to be allowed to use marijuana on the
fall of 2011, following a variety of marijuana for purely recreational camp’s premises. Other challenges
of camp concerns and inquiries to purposes. (See: www.governing. include staff who use marijuana off
ACA’s Hotline. At that time, camp com/gov-data/state-marijuana-laws- camp premises, but whose use may
managers, and the rest of us, were map-medical-recreational.html and be reflected in random drug testing or
concerned about the apparent www.ncsl.org/research/health/ impairment during work hours.
conflicts between federal laws state-medical-marijuana-laws.aspx.) By
pertaining to controlled substances II. Refresher — Legal Issues
way of example, as of January 2018,
and a few states’ laws permitting California is issuing licenses to allow First, a brief refresher regarding laws
the use of marijuana (cannabis) for the growth, transport, and sale of related to the use of marijuana —
medicinal purposes. See: www. marijuana for recreational purposes, medical or otherwise. Marijuana is
ACAcamps.org/resource-library/ some 20 years after first allowing a scheduled drug (Schedule 1) under
articles/medical-marijuana-current- the use of marijuana for medical the federal Controlled Substances
issues-camps1, and an American purposes. The early tension between Act of 1970 (CSA). Under that law,
Camp Association summary citing state and federal laws continues, marijuana (along with other Schedule
to our article at: www.ACAcamps. vacillating between federal deference 1 drugs) is deemed to have a high
org/resource-library/public-policy/ to such state laws and aggressive potential for abuse and no accepted
medical-marijuana-and-camps. action against violators. means of safe use under medical
Since our 2011 article, a significant supervision. Accordingly, the CSA
Camps are challenged to know how
number (at least 29) states have comprehensively prohibits its use,
continued on page 8
THE
CAMPLINE // WINTER 2018 // PAGE 7continued from page 7
manufacture, distribution, dispensing, III. Issues for Camps the primary (and mind-altering)
or possession for any purpose. cannabinoid in marijuana, delta-9
Violators of the Act are subject to Conundrum tetrahydrocannabinol (THC), is
monetary penalties and imprisonment.2 The problem for camps confronted significantly more concentrated now
with the prospect of marijuana use is than in the recent past — and even
As noted above, the majority of states
two-fold: 1) may a camp legally deny more so when it is extracted from
now allow marijuana for medical
such use; and 2) if a camp permits marijuana in the form of a resin (a
purposes, and several for recreational
such use, how can it best manage practice frequently referred to as
purposes — an awkward situation for,
the risks of doing so (including the “dabbing”).6 Importantly, depending
under the Supremacy Clause of the
risk of criminal and civil liability)? upon a variety of factors, impairment
US Constitution, federal law prevails
These issues impact the camp’s staff can last from a shorter period to up to
in the event of a clear conflict with a
employment and camper enrollment one to three days. Studies have shown
state’s laws.3
policies, in addition to a camp’s a correlation between marijuana
In his 2008 campaign for the endeavor to manage the risks of use and a significant increase in
presidency, Barack Obama harm to campers, visitors, and workplace absenteeism and on-the-job
signaled an intent to scale back staff. As we discussed in our 2011 incidents and injuries, and a decrease
the enforcement of the CSA as it CampLine article, the staff member, in productivity.7
pertained to medical marijuana. camper, or other visitor is expected to
In fact, in December 2014, after a engage in camp activities with motor •P
rotections for Employers in
good bit of haggling in congress, the function and mental acuity (absent State Marijuana Laws.
Rohrabacher-Farr Act was passed, legitimate program modifications for Some states provide protections for
prohibiting the Justice Department an individual with a disability). On employers within their laws legalizing
from spending funds to interfere with the flipside, organizations, including marijuana. Colorado, for example,
the implementation of state medical camps, may be tempted to “turn a provides with regard to laws legalizing
marijuana laws. Adherence to this Act blind eye” to marijuana use, reasoning medical use of marijuana: “Nothing in
has been inconsistent. Penalties, raids, that since it has been “legalized” in this section shall require any employer
and imprisonments continue to be a so many states, it can’t be that bad. to accommodate the medical use of
threat, and efforts to more formally Organizations may believe that if marijuana in any workplace” and in
relax the application of the CSA have they adopt a strict no-drugs policy, its laws legalizing recreational use of
routinely failed, even in the face of or aggressively enforce their existing marijuana: “Nothing in this section
evidence of the medical benefits of policy, they may have very few is intended to require an employer
cannabis. The current Department of employees left! Another concern may to permit or accommodate the use,
Justice has indicated an intent to follow be a fear that state marijuana laws consumption, possession, transfer,
the practice of President Obama’s as well as anti-discrimination laws, display, transportation, sale, or
Attorney General, declaring that a may raise barriers to enforcing an growing of marijuana in the workplace
state can legalize marijuana “for its explicit workplace “no drugs” policy. or to affect the ability of employers
law enforcement purposes,” but the Alternatively, camp management may to have policies restricting the use of
federal law remains in effect — that believe that a staff member’s off duty marijuana by employees,” and among
is, marijuana is an illegal substance medical marijuana use is necessary for other restrictions, prohibiting driving
under federal law and federal that employee’s well-being on the job.5 under the influence or while impaired
prosecutors will continue to prosecute
Some Realities [by marijuana].8 If your state has
those in violation of the law, as it sees legalized marijuana, you and your
fit. The confusion continues.4 • Impairment legal counsel should be aware of any
There is no question that marijuana such protections.
Related Update: use can result in significant impairment,
regardless of whether the use is •P
rotections in Other
On January 4, 2018, Federal Laws
medical or recreational. The National
Attorney General Jeff Institute on Drug Abuse reports As we discussed in our 2011 article,
Sessions repealed the Cole serious impairment issues affecting certain federal laws expressly
Memorandum, indicating both the mind and body, including provide protection to organizations.
an altered sense of time, impaired or For example, Titles I and III of the
the potential enforcement of
delayed body movement, difficulty Americans with Disabilities Act (ADA)
federal regulations as they in thinking and problem solving, requiring, respectively, employers
relate to marijuana. The and, with high doses, hallucinations and private organizations not to
impact of this is unknown at or delusions. Recent studies also discriminate against individuals
show that marijuana affects brain with disabilities, does not protect
the time of publication. development in youth. Disturbingly, individuals (employees or prospective
continued on page 9
PAGE 8 // WINTER 2018 // THE
CAMPLINEcontinued from page 8
campers, for example) who are the employee. The illegal conduct of lawful activities laws or other state
currently engaging in the use of the employer, however, was not the laws that may impact the camp’s
illegal drugs.9 In addition, the firing for marijuana use — it was its decisions. Any decision to hire or
Drug-Free Workplace Act of 1988 failure to attempt to accommodate allow accommodation for a staff
requires federal agency contractors (under a state handicap anti- member who may be using medical
and grantees to certify that they will discrimination law), the employee’s marijuana should be considered
provide a drug-free workplace as a handicap (Crone’s disease). Under very carefully. A camp that allows
pre-condition to receiving a contract or that disability law, the court found the medical use of marijuana must
a grant from a federal agency.10 Other that the employee had a legitimate reasonably manage the risk of harm
federal laws may come into play (see claim for handicap discrimination, by strict policies governing the time
our 2011 article). The goal is often a as the employer was required to and circumstances of medication —
“safe” work environment.11 engage in an interactive process with on or off the premises — and the
her, before termination, to determine nature of permitted tasks or activities.
•V
arying Court Legal whether it could make a reasonable In setting these policies/requirements
Interpretations accommodation consistent with its for use, the camp should rely on sound
Our 2011 article identified several drug policy (which it had not). The medical expertise and advice — not
cases where courts held that state court went on to find that in this simply a vague notion of the effects
marijuana, anti-discrimination, or case, since there was no reasonable of the drug, or the assurances of the
other laws were pre-empted by the alternative to medical marijuana user, regarding, for example, his or
CSA, or otherwise finding that state for this employee (based upon her her tolerance for the drug. Remember
law could not prevent an employer physician’s opinion), the employer that the rationale behind the federal
from enforcing anti-drug policies was entitled to make an exception classification of medical marijuana
with its staff.12 Consistent with those to its drug policy to allow the off-site as a Schedule 1 controlled substance
cases, recently, in Brandon Coats use of marijuana — which, in these is its potential for abuse and the
v. Dish Network, LLC, the Colorado circumstances, the court found to be a dangers of its use even under medical
Supreme Court upheld the firing of an “facially reasonable accommodation.” supervision.
employee for off-duty use of medical The case was sent back to the lower The camp must carefully weigh
marijuana (he tested positive at work). court to determine whether other the risk that a staff member using
The worker claimed that such use was aspects of the disability law might medical marijuana may come to
allowed by a state “lawful activities” relieve the defendant of its obligation work impaired, and thus endanger
statute which prevented discriminatory to provide accommodation to the his own health or well-being or that
or unfair employment practices in employee.14 Recent cases out of Rhode of campers, visitors, or other staff
terminating an employee for “lawful Island and Connecticut have also members. This could occur as the staff
activities” off the employer’s premises. ruled in favor of employees, upholding member engages in his work duties
The court cited federal law, and its claims brought by medical marijuana — leading and supervising activities,
supremacy over state law, in finding users under state laws, and declining driving vehicles, or otherwise. This
that use of marijuana was illegal under to find that the CSA preempted directly impacts the camp’s legal
the CSA, and so was not a “lawful application of those laws.15 In another duty of care to protect its campers,
activity” off premises.13 case, a New Mexico court held that and others on its premises, from
an employer must reimburse an injured
Recent cases out of other states have unreasonable risks of harm.
worker for his medical marijuana
taken different directions, giving some costs, under a state “Compassionate As reflected above, a camp permitting
strength to state laws. In an interesting Use Act.”16 staff members to engage in the
2017 case, the Massachusetts off-premises/off-duty use of medical
Supreme Court found that an employer • Issues Camps Face marijuana cannot be sure that it is
unlawfully discriminated against immune from CSA penalties, even if
A camp screening for medical
an employee who was fired after the camp operates in a state whose
marijuana use or denying such use
testing positive for (off-duty) medical laws permit the use of marijuana.
does not, merely by virtue of that
marijuana use. Massachusetts has a Importantly, consider the camp’s own
screening or prohibition, violate the
state law legalizing the possession drug policies and any professed
ADA. Marijuana is illegal under
and use of marijuana for medical intention or required legal obligation
federal law, and illegal drug use
treatment, but the court acknowledged to provide a drug-free workplace.
is not protected under the ADA.
that an individual using marijuana
However, recent state court decisions Other issues may arise if the camp
in compliance with that law was
(examples cited above) make clear allows employees — or campers — to
nevertheless subject to criminal
the importance of camps working engage in marijuana use (medical or
prosecution under the CSA. Against
with legal counsel to understand the recreational) on its premises. As noted
that backdrop, the court found the
implications of state anti-discrimination, above, camp activities — and simply
employer acted illegally in terminating
continued on page 10
THE
CAMPLINE // WINTER 2018 // PAGE 9continued from page 9
moving about the premises — might Importantly, if marijuana use is prohibitions against smoking and
expose a marijuana user to certain allowed on camp premises, what if drug use. And a camp that employs a
harm and cause that user to be a the camp maintains the supply for the strict “zero tolerance” drug use policy,
danger to others. Even state laws that user? Is the camp thereby an illegal but ignores marijuana use at camp
allow the use of marijuana frequently possessor of the drug? Might the (among campers or staff) sets itself up
prohibit such use when engaged camp be considered an abettor to the for problems — both in the increased
in skilled activities while under the crime merely by knowingly allowing potential for incidents and injuries, and
influence, in a way that endangers the the use? regarding its duty of care. A violation
health or safety of another. Consider of the camp’s own policies may, in the
Hiring or enrollment that permits the
an employee or camper, arguably event of an injury or other loss, allow
use of marijuana would certainly
impaired, on the waterfront, or rifle a plaintiff to successfully argue, without
violate at least the spirit of the ACA
range, or on a zip line, climbing wall, more, the violation of a duty of care
standards, and, more clearly, camp
or challenge course. owed to the injured person.
©Photo
Girl Scouts of Limberlost
courtesy Council,
of Camp John Marc, FortMeridian,
Wayne, TXIN
continued on page 11
PAGE 10 // WINTER 2018 // THE
CAMPLINEcontinued from page 10
An over-arching concern associated • Develop drug policies for campers thinking that because it is now “legal”
with the camp’s decisions regarding specifically addressing use or in most states, it can’t be so bad.
marijuana is, of course, the camp’s possession of marijuana on camp As discussed above, despite the
mission, its culture, and the relationship premises; consider a “zero-tolerance” increased “legalization” of marijuana
of trust it has with its camper families. policy for unauthorized drug use on across the US, federal law still
The camp’s reputation is one of its camp premises, including marijuana18, prohibits the use, sale, possession,
most valuable assets. The camp owes considering the potential for and distribution of marijuana — and
it to itself and its camp community to impairment and other legal issues. classifies it as a Schedule I controlled
be clear on its marijuana policies, and (and illegal) substance. Stay engaged
• Comply with state and federal laws
firm in enforcing them. and stay tuned!
that require a drug free workplace
(including the Drug Free Workplace
IV. Conclusion
Act of 1988).
In closing, whether your camp
• Consider a drug testing policy
operates in a state that has legalized
for your camp staff, compliant with
marijuana or not (and most have, **This article contains general information
applicable law. Despite the fact that
to some degree), work closely with only and is not intended to provide
testing is variable and inconsistent, the
informed legal counsel to: specific legal advice. Camps and related
science is evolving and can assist the organizations should consult with a
• Thoughtfully develop an employee camp in targeting users and managing licensed attorney regarding application
drug policy and consider zero risks to both staff and campers. of relevant state and federal law, as well
tolerance — incorporating the as considerations regarding their specific
• Be alert to legislative and legal
importance of a drug-free workplace, business or operation.
developments in this rapidly changing
and consideration of specific
landscape! Charles R. (Reb) Gregg is a practicing
ramifications for illegal drug use attorney in Houston, Texas, specializing in
— including marijuana17. Any drug • Ask your insurance representative to outdoor recreation matters and general litiga-
policy should be crafted carefully and explain your insurance coverage (or tion. He can be reached at 713-982-8415
informed by an understanding of state lack of coverage), for losses related to or by email at rgregg@gregglaw.net;
statutes and case law — considering marijuana use (including medical) and www.rebgregg.com.
the tension between marijuana’s status how the camp’s actions or policies
Catherine Hansen-Stamp is a practicing
as an illegal CSA controlled substance may impact that coverage.
attorney in Golden, Colorado. She consults
and continuing efforts by states to Don’t become complacent regarding with and advises camps and other recre-
make inroads on employee rights. That ation and adventure program providers on
employee or camper marijuana use.
being said, any exceptions for medical law, liability, and risk management issues.
Impairment is real, and the camp
marijuana use may run a slippery She can be reached at 303-232-7049 or by
must strongly consider the legal and
slope — consider with caution! email at reclaw@hansenstampattorney.com;
risk management issues associated www.hansenstampattorney.com.
with “normalizing” marijuana and
1
In addition, see the ACA’s short summary of issues at: www. 7
ohsonline.com/Articles/2016; /02/01/Marijuana-Use-and- officers to return seized medical marijuana to an acquitted
ACAcamps.org/resource-library/public-policy/medical-marijuana- Its-Impact-on-Workplace-Safety-and-Productivity.aspx; www.tss- patient is in direct conflict to (and preempted by) the CSA which
and-camps and a very informative article at www.acacamps.org/ safety.com/wp-content/uploads/2014/10/Colorado-Marijuana- prohibits the distribution of marijuana.
resource-library/camping-magazine/dont-let-your-camp-go-pot- Experience-Presentation.pdf. 14
Barbuto v. Advantage Sales and Marketing, LLC, 78 N.E.3d 37
impacts-policy-challenges-legalized-marijuana-youth-camps. 8
Colorado Constitution, Article XVIII, Section 14 and 16 (2017). (MA Sup. Ct. July, 2017).
2
CSA – 21 U.S.C. 801, et seq.; 812(b)(1) and 844. 9
ADA Title III, 42 U.S.C. 12210 - “illegal use of drugs” is defined 15
Both cases involved an employer who declined to hire the indi-
3
Id., 21 U.S.C. 903. in accompanying regulations as those drugs that are defined as vidual and involved various claims. See, Callaghan v. Darlington
4
www.washingtontimes.com/news/2017/nov/14/jeff-sessions- unlawful under the federal CSA – see 28 CFR 36.104, similar to Fabrics Corp, 2017 R.I. Super. Lexis 88 (May, 2017); Noffsinger v
clarifies-dojs-marijuana-stance/: ADA Title 1 restriction at ADA Title I, 42 U.S.C. 12114(a). SSC Niantic Operating Co. LLC, 2017 U.S. Dist. Lexis 124960 (CT
U.S. Department of Justice Memo, Attorney General James Cole, 10
41 U.S.C. 701, et seq. U.S. Dist. Ct., August, 2017);
August 29,2013; 4/3/17 Letter from Alaska, Colorado, Oregon See Federal Occupational Safety and Health Act (“OSHA”), 29
11 Vialpando v. Ben’s Auto. Servs., 331 P. 3d 975 (N.M. Ct. App.
16
and Washington Governors to Attorney General Jeff Sessions, and U.S.C. 651, et seq. 2014).
his various responses to those governors dated 7/24/17. 17
Although marijuana may be “legalized” under a state law, it
12
Roe v. Teletech, et al., 2011 Wash. Lexis 393 (Wash. Supreme
5
12/6/17 Interviews with Lynn Reimer, www.actondrugs.com. Court June, 2011); Casias v. Wal-Mart Stores, Inc., 764 F. remains illegal under Federal law, per the CSA.
(Act on Drugs, Inc. is a nonprofit company organized to provide Supp. 2d 914 (U.S.D.C. Mich. February, 2011); Emerald Steel See above note. The camp’s policies will allow for certain
18
drug awareness and prevention training for communities) and Jo Fabricators, Inc. v. Bureau of Labor and Industries, 230 drug use – that is, a camper’s authorized prescriptions or other
McGuire, www.jomcquire.org, private consultant, on the board of P.3d 518 (Ore. Supreme Court, 2010); Ross v. Raging Wire medications – via its medical and health processes. Unauthorized
directors for the Drug and Alcohol Testing Industry Association Telecommunications, Inc., 174 P.3d 200 (Cal. Supreme Court substances would include illegal drugs, like marijuana, or a
and co-chairs the Marijuana Education Committee. Both Ms. 2009). camper’s unauthorized use of prescription drugs, narcotics or
Reimer and Ms. McGuire are recognized national experts in their other substances, like alcohol.
13
350 P.3d 849 (Co. Sup. Ct. 2015); see also, People v. Crouse,
field.
388 P. 3d 39 (Co. Sup. Ct 2017), where the court reached a simi-
6
Id (interviews; see also www.drugabuse.gov/publications/ lar finding in a criminal case, holding that a state law allowing
drugfacts/marijuana.
THE
CAMPLINE // WINTER 2018 // PAGE 11WHAT IF IT DOES HAPPEN? CAMP SECURITY
– PLANS TO MAKE AND ACTIONS TO TAKE
In July 2011, Anders Brevik detonated • A sorority (rental group) is hosting of this article is security in a variety
a “car bomb,” killing eight people a “pledge event” at your camp. The of situations. Having a basic plan is
in the Parliament Building in Oslo, first night of the event, a group from important. Training on and rehearsing
Norway. He then proceeded to shoot a fraternity comes to “visit.” You have the plan is critical.
and kill 69 participants at the Workers locked the gate, yet they choose to According to ACA’s research, there
Youth League Summer Camp on the abandon their cars and walk up to are 14,000 youth camps in the US,
Island of Utoya. He entered the camp camp — carrying a keg of beer. with 14 million participants attending
property by killing the security guard. • In monitoring the police scanner, camp each year2.
Teenage campers attempted to flee by you hear of an active threat at a
running and swimming away from the As part of her master’s thesis3, Jenika
facility located three miles from camp.
camp property.1 Too often, we think “it Doberstein sent a survey to a random
There is no other news at this point.
could never happen here/to me.” sampling of youth camps related to
• During dinner, a staff member camp security and preparedness for
While the above situation is one unlocks the gun storage cabinet and disaster response. Natural, human-
extreme, being prepared for a variety steals three rifles. He then gets three caused, and technological disasters
of scenarios is critical in today’s world. boxes of ammunition. He walks into were the focus of the research. The 66
Other potential security situations that the dining room aiming/waving the respondents were from 23 states and
could occur at your camp include: rifles at campers and staff. Canadian provinces.
• Several camp alumni come visit • After an all-camp activity, it is • Fifty-four percent offered day
during the all-camp event. discovered that an 11-year old camper camps, 68 percent offered resident
• An individual from the company is missing. camps, and 14 percent offered
that provides and checks the chlorine wilderness programs.
Would you be prepared to deal with
at the swimming pool arrives during these scenarios? The primary focus
lunch to service the pool.
continued on page 13
PAGE 12 // WINTER 2018 // THE
CAMPLINEcontinued from page 12
• Eighty-eight percent of the phases: mitigation, preparedness, • PREPAREDNESS
camps shared they have a formal response, and recovery. The Establish a solid relationship with
emergency and disaster management grouping of emergency management local government agencies (police,
plan or an emergency action plan functions is useful for classifying and fire, sheriff, public lands contacts,
(EAP). conceptualizing activities. While Department of Transportation, and if
conceptually useful for targeting near train tracks, the rail road) as you
• Forty-four percent of the camps
efforts and resources, the phases work to develop your plan to address
indicated they have indoor space in
of emergency management are not identified threats while incorporating
the event of an active shooter.
distinct — activities in each phase your responses.
• Fifty-four percent of camps stated often overlap. 6
they can transport all campers and Make sure to share pre-planned
staff in an hour to a designated • MITIGATION entry/exit routes and any necessary
location. access codes for the local fire
Conduct a “safety and security”
department, law enforcement,
The Redwoods Group, an insurance audit of your property.
emergency medical services (EMS),
company, reported that in 86 percent Consider having an outside etc.
of the recent visits to customers, consultant conduct this audit (or your
Redwoods employees were able Provide detailed maps of the
local authorities such as police,
to get inside of the building without facility to the dispatch system(s).
sheriff, or emergency management).
being questioned.4 Invite key individuals from the
Someone trained in this skill will
In an April 2015 Huffington Post agencies for a tour of your facility.
view your property and buildings
article5, security consultant Joshua Have them for lunch. Allow them to
with a trained eye and critical lens.
Gleis warned that many camps are host trainings at your facility.
They will identify “challenges” you
failing to adequately deal with the Hold a pre-season, in-person
might miss.
fact that summer camps have become briefing.
what is known as a soft target. Recognize that deterrence is critical
(gates, guards, cameras, someone Develop your plan.
Gleis also states that as schools near the entrance to camp, someone Use the information obtained in
have begun to tighten their security in the front of the office, use of your “audit” and recommendations
protocols making them more difficult signage, lights, etc.) You want to from the local authorities
to attack, summer camps often remain send a message that you take safety
wide open. The good news is that Consider using a template, which
and security seriously.
much can be done to change this. can then be adjusted and/or
Once you have analyzed expanded for the various situations
In talking with individuals from large the nature of your facilities and such natural disasters, human-
organizations that work with multitudes programming, create standards and caused disasters, etc.
of camps (YMCA, Union for Reform protocols in safety and security. This
Judaism, JCCA), and in reviewing the There are many resources
will be the basis of your plan.
recommendations from the Department available — talk with your local
of Homeland Security (DHS) and other school district, camps in your areas,
security resources the following are community centers, and places of
actions that should be taken by all worship. Determine how you might
camps. work together.
According to the Federal Emergency Realize there must be some
Management Agency (FEMA), flexibility in any plan based on the
emergency management functions reality of the situation.
are generally grouped into four
Review your plan annually. Things
change!
A note on terminology: Over the past several years, law enforcement and
emergency management departments have “standardized” their language and Train, rehearse, train, rehearse,
terminology. School districts are doing the same. Prior to this, different agencies train, rehearse:
might use different words to mean the same thing, leaving a statement open Training your staff to manage
to interpretation. This caused mis-steps and issues. Generally, the terminology urgent situations is critical.
used in this article is what is currently recommended by authoritative sources
and used by most law enforcement, fire, and emergency services. A “camp Consider who needs to know
equivalent” is referenced, yet when working with your partners, it is important what and realize that all staff (and
to use their language and terms. As you work with your emergency contact, campers) need basic information
having a conversation related to terminology used is important. so they know how to respond
immediately and appropriately.
continued on page 14
THE
CAMPLINE // WINTER 2018 // PAGE 13continued from page 13
Become familiar with and consider using the Incident Command System (ICS). Lockdown: Ordered when there
ICS is a standardized approach to incident management that: is a threat inside the building (or
• Enables a coordinated response among various jurisdictions and agencies. on camp). Students/campers and
staff are secured in the school (or
• Establishes common processes for planning and managing resources. designated buildings). School/camp
•A
llows for the integration of facilities, equipment, personnel, procedures, and staff does not communicate during a
communications operating within a common organizational structure. lockdown. Parents are not allowed on
site during a lockdown. Interior doors
ICS helps ensure integration of response efforts. ICS is a standardized, on- are locked/barricaded, the lights
scene, all-hazards approach to incident management. ICS allows all responders should be out, and all should do
to adopt an integrated organizational structure that matches the complexities their best to remain out of sight and
and demands of the incident while respecting agency and jurisdictional maintain silence.
authorities. Although ICS promotes standardization, it is not without needed
flexibility. For example, the ICS organizational structure can expand or contract EXAMPLES of what might
to meet incident needs. occur when:
training.fema.gov/emiweb/is/icsresource/index.htm Severe weather — schools/camps
may shelter until weather passes;
could delay the release of students/
Your plan should include usual within the classrooms/programs campers at the end of the day until
responses for the most common area; doors closed. Remain in place it is safe to exit the building, or might
(weather-related issues), for missing until an all clear is announced. impact programming at resident camp.
campers, active threats, etc. Shelter: Ordered when personal Fire or hazmat situation in the
Staff are the eyes and ears — protection is necessary from area — evacuation or shelter,
train them for different scenarios so dangerous weather conditions such as depending on location and the
they can use their best judgment. a tornado, blizzard, or hail. May also severity of fire/hazmat issue.
be ordered in the event of a hazmat
Rehearse different scenarios at Threat of violence or weapon
situation in the area. on a person — lockout, lockdown,
different times (during the various
levels of staff training and with Evacuate: Ordered when people or evacuation, depending on the
campers. Remember — most must exit the building (or camp) due situation.
campers will have received similar to unsafe circumstances. If student/
“training” at school). camper pick-up or off-site reunification Some entities (schools, churches,
is required, instructions will be camps) will have a “black box”
When available, take advantage
communicated by the camp. Staff (think some type of tool box) that
of “reverse 911” and/or county
should bring phones if they are readily will contain important camp maps
emergency text message systems.
available. Take a “go bag” if one is with cut-off valves for water, gas,
These can alert you to severe
packed and time allows (camps in and electric noted, important
weather, active threats, fires, etc.
known fire areas often have campers phone numbers, rosters, necessary
Depending on location, some camps
pack a “go bag” or have counselors keys, and maybe a radio for
monitor the police scanner.
pack a “go bag” by cabin. The bag communication with camp staff.
Establish a communications plan includes a change of clothes for Emergency personnel are made
with authorities, the media, and each camper in the event they are aware of this resource should it ever
parents. Develop your protocols and away from camp overnight). Leave all be necessary.
include this aspect in your training. It other belongings behind and follow
is important to respond to parents in instructions. Intruder — requires an immediate
a thoughtful, serious manner.
Lockout: Ordered when there is lockdown; an emergency notification
• RESPONSE an issue outside the building/off will be sent to parents by the district
camp property, most often due to with any instructions.
To address the potential “language/ police activity in the area that could
terminology” confusion, consider using Police Activity in the Area —
pose a threat, or a wild animal usually a lockout; action may be taken
standard response protocols (SRP)7 as nearby. Consider moving campers
outlined below. at the direction of law enforcement or
to buildings if possible. All exterior any staff member at the school.
Hold: “Hold in your classroom/ doors are locked while “business as
program area” is used when there usual” continues inside the school/at Communication with authorities will
is an issue in a specific part of the camp. Staff must have an increase in vary during these different scenarios.
building/camp that is under control, situational awareness. It is important to instruct campers/
but not yet fully removed. Business as staff to listen and clearly follow any
directions provided.
continued on page 15
PAGE 14 // WINTER 2018 // THE
CAMPLINEYou can also read
