Mandatory Child Sexual Abuse Reporting and Prevention Policy

Sponsor:

Office of Campus Safety and Security

Contact:

Director of Campus Safety and Security

Category:

Collegewide

Number:

100.021

Effective Date:

8/20/2017

Review Date:

8/20/2020

Implementation History:

First draft

Keywords:

Child Sexual Abuse; Sexual Harassment; Sexual Violence; Sexual Assault

Background Information:

The SUNY Board of Trustees (December 17, 2012), adopted a policy mandating the reporting of incidents of child sexual abuse on University property and at University-sponsored events, and to take steps to prevent such incidents. The SUNY policy goes above and beyond all reporting requirements mandated by New York State law. The SUNY Board of Trustees requires campus procedures to include employee and student training on the identification of such crimes and proper notification requirements.

Purpose

The purpose of this policy is to further protect minors who are present at college affiliated sites or participating in college-sponsored activities by ensuring that what should be a moral obligation also becomes a legal obligation. All members of the college community have a role to play in preventing sexual abuse of children and providing the Office of Campus Safety and Security with relevant information about the victim and assailant so that law enforcement consequences will be triggered.

Definitions

Child – A child under this policy is defined as an individual under that age of 17.

Child sexual abuse - is defined as a sexual assault on, or the sexual exploitation of a child, and it is criminal behavior punishable by law.

Statements

Consistent with the provisions and applicable definitions of New York State Penal Law Articles 130, 260 and 263, and the SUNY Polices of the Board of Trustees, any employee, student or volunteer for SUNY Empire State College (“the college”) who witnesses or have reasonable cause to suspect any sexual abuse of a child occurring on college property or at a college sponsored events, shall immediately report such conduct to the Office of Campus Safety and Security. Such report should include the name(s) of the alleged victim and alleged assailant (if known), other identifying information about the alleged victim and alleged assailant, the location of the activity and the nature of the activity.

Upon receiving such a report, the director of campus safety and security shall immediately notify the college president, provost, vice president for administration, affirmative action officer, title IX officer and the director of college wide student services. Additionally, Office of Campus Safety and Security will notify local law enforcement agencies as well as the Commissioner of the SUNY University Police (“Commissioner”) of any such report. The Commissioner shall promptly report such incidents to the SUNY Chancellor for periodic reporting to the SUNY Board of Trustees.

In addition to this policy, the college shall, on an annual basis notify all employees and students of the existence of this policy, and provide training on the provisions of this policy and the attendant reporting obligations. Also, vendors or others who are given permission to use college facilities for events or activities that will include participation of children shall ensure that they have in place procedures for training, implementation of applicable pre-employment screening requirements and reporting of child sexual abuse.

Any employee found in violation of the provisions of this policy shall be subject to discipline consistent with the terms and conditions of the applicable collective bargaining agreement, if any, as well as subject to any applicable criminal prosecution. Nothing contained in this policy precludes mandated reporters from completing their obligation to report suspected child sexual abuse.

[Note: It is a violation of the policy for any member of the college community to attempt to handle a case of sexual abuse “in house,” within a department, for example. All reports must be brought to the attention of campus safety and security for further investigation and handling as a criminal matter.] No Retaliation Clause Retaliation against a person acting in good faith, in accordance with this policy, who reports an incident or suspicion of child sexual abuse, is strictly prohibited.

Applicable Legislation and Regulations

New York State Penal Law Articles 130, 260.1 and 263

SUNY’s Mandatory Child Sexual Abuse Reporting and Preention Policy #6504

Related References, Policies, Procedures, Forms and Appendices

PROCEDURES

Reporting Procedures

1. Employees, students or volunteers who witness or has a reasonable cause to suspect any sexual abuse of a child occurring on college property or while off site during official college business or a college sponsored event, shall report the incident immediately to the Office of Campus Safety and Security, at 518-587-2100, ex 2800 between 8:30am and 5:00pm weekdays or to the afterhours emergency incident reporting line 518-587-2100, ex 2899 .

2. The report to the Office of Campus Safety and Security should include the names of the victim and assailant (if known), other identifying information about the victim and assailant, the location of the activity, and the nature of the activity.

3. Upon receiving such a report, along with initiating its standard investigatory procedures and notifications to other campus offices (see above), the Director of Campus Safety and Security will, in all instances, promptly notify the Local Law Enforcement Agency having jurisdiction over the incident, and the Commissioner of University Police at SUNY System Administration, who shall report such incidents to the Chancellor for periodic reporting to the Board of Trustees. Retaliation Reporting Any reports of retaliation should be directed to the Chief Diversity Officer for Institutional Equity and Inclusion and Title IX Coordinator at (646) 230-1293.

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