Child Protection Policy at Hotel Victoria in Olkusz

§ 1. PREAMBLE

Taking into account the legal obligation arising from the provisions of the Act of May 13, 2016, on counteracting threats of sexual crime and protecting minors, as well as the content of the United Nations guidelines on business and human rights, recognizing the important role of business in ensuring respect for children's rights, HOTEL "VICTORIA" adopts the Child Protection Policy. This document constitutes a set of principles and procedures applied in case of suspicion that a child staying at HOTEL "VICTORIA" is being harmed, and in preventing such threats, including situations concerning children with disabilities and children with special educational needs.

The child protection policy at HOTEL "VICTORIA" is implemented based on the following principles:

1. HOTEL "VICTORIA" conducts its operational activities with respect for children's rights as individuals particularly vulnerable to harm.
2. HOTEL "VICTORIA" recognizes its role in conducting socially responsible business and promoting desirable social attitudes.
3. HOTEL "VICTORIA" particularly emphasizes the legal and social duty to report to law enforcement authorities any case of suspected crime against children and undertakes to train its staff in this regard.

§ 2. DEFINITIONS:

1. Tourist facilities – hotel facilities and other establishments where hospitality services specified in the Act of August 29, 1997, on hotel services and services of tour guides and tour escorts are provided.
2. Child/minor – for the purposes of this Policy, a child is any person who has not reached 18 years of age.
3. Child guardian – the child's legal representative: parent or guardian; foster parent; temporary guardian (i.e., a person authorized to represent a minor Ukrainian citizen residing in the territory of the Republic of Poland without adult supervision).
4. Stranger adult means any person over 18 years of age who is not the child's parent or legal guardian.
5. Child abuse – the commission of a prohibited or criminal act harming a child by any person, including a staff member, or a threat to the child's welfare, including neglect. All crimes punishable against adults may also be committed against children, plus crimes committed exclusively against children (e.g., sexual abuse under Article 200 of the Penal Code). Due to the nature of tourist facilities, where isolation is easily achievable, crimes most likely to occur on their premises include offenses against sexual freedom and decency, especially rape (Art. 197 Penal Code), sexual abuse of insanity or helplessness (Art. 198 PC), sexual abuse of dependency or critical situation (Art. 199 PC), sexual abuse of a person under 15 years old (Art. 200 PC), grooming (seducing a minor using remote communication means – Art. 200a PC);
6. Crime against a child – all crimes punishable against adults and additionally crimes committed exclusively against children (e.g., sexual abuse under Art. 200 of the Penal Code). Due to the specifics of accommodation facilities, where isolation is easily achievable, crimes most commonly committed on their premises involve offenses against sexual freedom and decency, in particular rape (Art. 197 Penal Code), sexual abuse of insanity or helplessness (Art. 198 PC), sexual abuse of dependency or critical situation (Art. 199 PC), sexual abuse of a person under 15 years old (Art. 200 PC), grooming (seducing a minor via remote communication means - Art. 200a PC).
7. Other forms of child abuse than committing a crime against them – all forms of violence applied to a child that do not meet the criteria of a public prosecution offense (e.g., shouting, humiliation, pulling, scolding, neglecting needs, etc.).
8. Employee means a person employed under an employment contract or performing work on the basis of a similar contract (e.g., mandate, B2B, contract for specific work), as well as an intern, trainee, volunteer, etc.
9. Employee working with children is any person performing tasks or delegated to perform tasks directly related to upbringing, education, recreation, treatment, provision of psychological counseling, spiritual development, sports, or other interests of minors, or caring for them.

§ 3. FACILITY EMPLOYEES

General principles

1. HOTEL "VICTORIA" undertakes to educate its employees about circumstances indicating that a child staying in the facility may be harmed and about ways to respond quickly and appropriately to such situations. The facility may carry out this education through various forms of training, e.g., external trainings, internal trainings, e-learning, educational materials developed by the hotel and available to employees, educational materials available free of charge created by other organizations.

2. Each employee, prior to being admitted to work, is familiarized with the Child Protection Policy, which is confirmed by submitting a statement and commitment to comply with the principles and procedures contained in this document.

Employing persons to work with children

1. Persons working directly with children must demonstrate in their employment history that they have not harmed any child in the past.
2. Every person employed/delegated by Hotel Victoria to work directly with children must undergo a mandatory check in the Register of Sexual Offenders, which also applies to minors under 18 years of age. Checking the person in the Register is done by printing the search results of the person in the register with limited access, which is then placed in the personnel files of the checked person.
3. Furthermore, every person employed/delegated to work directly with children must provide information from the National Criminal Register concerning offenses specified in Chapters XIX and XXV of the Penal Code, Articles 189a and 207 of the Penal Code, and in the Act of July 29, 2005, on counteracting drug addiction (Journal of Laws 2023, item 172, and 2022, item 2600), or acts prohibited under foreign law equivalent to these offenses.
4. Declarations submitted under penalty of criminal liability include a statement of the following content: "I am aware of the criminal liability for making a false statement." This statement replaces the authority's instruction about criminal liability for making a false statement.

Principles of safe employee-child relationships

1. All employees of Hotel Victoria, as well as other adults who have contact with children on the premises with the facility's consent, are obligated to apply the following principles.
2. The primary rule of all actions undertaken by employees having contact with children on Hotel Victoria's premises is to treat the child with respect, taking into account their dignity and needs.
3. It is unacceptable for employees or other adults to use any form of violence against a child.

1. Expected behaviors and practices from employees

• Be patient and respectful in communication with the child.
• Listen attentively to the child and provide answers appropriate to their age and the situation. When communicating with the child, try to have your face at the child's eye level.
• Assure the child that if they feel uncomfortable with any situation, they can tell you or another designated person and receive help.
• Inform the child where the Child Protection Policy is located in Hotel Victoria in a version understandable for them. Assure them that if they have questions, they can approach you or another designated person.
• Observe equal treatment of children regardless of their gender, sexual orientation, ability/disability, social, ethnic, cultural, religious status, or worldview.
• Ensure a safe environment. If children are present in your work area, make sure equipment and furnishings are used as intended and that the surroundings are safe (pay attention to window and stair safety features, limited access to busy roads, open water, etc.).
• If you see a child/children left unattended and the situation suggests a threat to the child's safety, take action to find the parent/guardian.

2. Behaviors and practices unacceptable from employees towards children in the facility

• You must not shout at, embarrass, humiliate, disregard, or insult a child.
• You must not hit, push, shove, or violate the child's physical integrity in any way, unless there is a threat to the child's health or life.
• You must not establish any romantic or sexual relationship with a child or make inappropriate proposals. This also includes sexual comments, jokes, gestures, and sharing erotic and pornographic content with children regardless of form.
• You must not record or photograph a child for private or official purposes without the consent of the child's parents/guardians and the child's own consent. This also applies to allowing third parties to record children's images. An exception applies when the child's image is only a detail of a whole, such as a gathering, landscape, or public event, in which case parental/guardian consent is not required.
• You must not contact the child via private communication channels (private phone, email, messengers, social media profiles) or meet the child outside the workplace.
• You must not offer the child alcohol, tobacco products, or illegal substances.
• Never touch a child if the child does not want it or in a way that could be considered indecent or inappropriate.

If you witness any of the above-described behaviors and/or situations by other adults or children, always report it to the Manager, Directorate, or direct supervisor.

§ 4. PROCEDURE FOR IDENTIFYING A CHILD DURING REGISTRATION AT THE RECEPTION

1. When accepting a Child for a stay at Hotel Victoria, whenever possible, identify the Child and their relationship with the adult accompanying them in the hotel.
2. Identification of the Child by Reception Staff is mandatory in atypical and suspicious situations indicating a risk of harm to the Child.
3. For the purpose of identifying the Child and their relationship to the adult they stay with in the hotel, it is necessary to:

• ask for the Child's identity and the Child's relation to the adult who arrived or stays at the hotel with them. You may ask for the Child’s ID or another document confirming that the adult has the right to care for the Child (e.g., birth certificate, court ruling). If an ID is absent, ask for the Child's personal details (name, surname, address, PESEL number);
• in the absence of documents indicating the kinship of the Child and the adult, ask about this relationship of the adult and the Child;
• if the adult is not the Child Guardian, ask if they have a document showing the Child Guardian's consent for this joint travel with the Child (e.g., a written statement of consent from at least one of the Child's parents/legal guardians);

4. If the adult does not have a consent document from the Child’s Guardians, ask for their phone number to call and confirm the Child’s stay at the hotel with a stranger adult with the knowledge and consent of the Child’s Guardians.

5. If the adult resists showing the Child’s documents or indicating the relationship, explain that the procedure ensures the safety of children using Hotel Victoria and such obligation arises from generally applicable law.

6. If the conversation does not dispel doubts about the adult or their intentions to harm the Child, discreetly notify the Manager, Director, direct supervisor, or a person appointed by them. To avoid raising suspicion, you can, for example, refer to the need to use equipment at the back of the reception, asking the adult to wait with the Child in the lobby, restaurant, or another place.

7. From the time doubts arise, both the Child and the adult should be under constant observation by the Staff and should not remain alone.

8. The Manager, Director or their appointee decides on notifying the police or, in case of doubt, takes over the conversation with the suspected adult for further explanations.

9. If the conversation confirms the conviction of an attempt or commission of a crime against the Child, the supervisor notifies the police. Then, rules applicable to circumstances indicating child abuse apply.

10. If staff from other organizational units, e.g., cleaning service, room service, bar and restaurant employees, security, witness atypical or suspicious situations, they should immediately notify the Manager, Hotel Director, direct supervisor, or a person appointed by them, who decides on appropriate action.

§ 5. PROCEDURES FOR RESPONDING IN CASE OF REASONABLE SUSPICION THAT THE WELFARE OF A CHILD ON THE PREMISES OF HOTEL VICTORIA OR USING THE HOTEL’S SERVICES IS AT RISK

1. Reasonable suspicion of child abuse occurs when: ⦁ the child reveals to the staff a fact of harm, ⦁ the employee observes abuse, the child has traces of harm (e.g., scratches, bruises), and when questioned responds inconsistently and/or chaotically or becomes embarrassed, or other circumstances indicate abuse, e.g., finding child pornography materials in the adult’s room.
2. An employee who reasonably suspects that a child staying in the facility is or has been harmed should immediately notify the supervisor/decision-maker, who informs the police. In case of existing threat to the child's safety, the employee who has reasonable suspicion must immediately notify the police by calling 112 and describing the circumstances of the event. Regardless, the employee notifies the Manager or Director of Hotel Victoria about the event.
3. In every case, ensure the child's safety. The child should, if possible, remain under staff supervision until the police arrive.
4. If there is reasonable suspicion that a crime involving contact between the child and biological material of the perpetrator (semen, saliva, skin cells) has occurred, do not allow the child to wash or eat/drink until the police arrive. Explain to the child why these restrictions are applied.
5. After the police take the child, secure monitoring footage and other important evidence (e.g., documents) related to the event and, at the request of the authorities, provide copies by registered mail or personally to the prosecutor or police.
6. The staff and the person intervening are obliged to make an official report of the incident and actions taken. The report can be written or emailed.
7. After the intervention, the incident should be recorded in the log of events threatening the child’s welfare. The log is kept by the person designated by the hotel Director.

§ 6. PROCEDURE IN CASE OF SUSPICION OR CONFIRMATION OF CHILD ABUSE BY AN EMPLOYEE/OTHER ADULT

1. In case of suspicion of child abuse by an employee or another adult not directly employed by Hotel Victoria but by a third party, the person receiving this information should immediately inform the Manager, Director, direct supervisor, or a designated person.
2. If the life or health of the child is threatened, the person receiving the information should immediately notify the police by calling the emergency number 112, providing their own data, the child's data (if possible), the child's location, and description of the circumstances, and inform the supervisor/decision-maker, who notifies the child's guardians/parents.

§ 7. PROCEDURE IN CASE OF CONFIRMATION OF OTHER FORMS OF VIOLENCE AGAINST A CHILD BY A PARENT/LEGAL GUARDIAN/OTHER ADULT

1. In case of confirmation of child abuse by a parent/legal guardian or other adult with whom the child stays on the premises, every employee witnessing such abuse should react firmly to it.
2. If the child’s life or health is threatened, the person receiving information should immediately notify the police by calling 112, providing their data, the child’s data (if possible), child’s location, and description of circumstances, and notify the supervisor/decision-maker.
3. If an employee witnesses physical violence against a child (slaps, pulling, shouting, other forms of physical violence mentioned in the definition) they should try to stop the abuse and react.
4. If a child under 7 years old is left unattended, the employee who receives this information should notify the supervisor. The supervisor decides on further action according to the provisions of the Penal Code and Misdemeanor Code. Depending on the context, the supervisor tries to find the parent/legal guardian or another adult with whom the child stays on the premises and explains that they cannot leave the child unattended. If finding the parent/legal guardian/other adult with whom the child stays is impossible, or they do not want or are unable to take care of the child, the supervisor notifies the police. In every case, the child's safety must be ensured.

§ 8. Final provisions

1. The Child Protection Policy comes into effect on 15.10.2024

2. Hotel Victoria publishes the Child Protection Policy on its website and at the main hotel reception.