Mandatory Child Sexual Abuse Reporting and Prevention Policy

Sponsor:	Vice President of Administration and Chief Operations Officer
Contact:	Director of Campus Safety and Security
Category:	Safety and Security
Number:	1200.021
Effective Date:	8/20/2017
Implementation History:	8/20/2017, 09/30/20
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 College property and College-sponsored events and to take steps to prevent such incidents. This 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 the legal obligation to protect them is executed. All members of the college community have a role to play in preventing sexual abuse of children and providing the Office of Safety and Security with relevant information about the involved people to better assist the law enforcement investigation.

Definitions

Child: A child is defined as an individual under the age of 17.

Child Sexual Abuse: A sexual assault on, or the sexual exploitation of a child that is criminal behavior punishable by law.

Statements

Consistent with the provisions and applicable definitions of New York State Penal Law Articles 130, 260, 263 and the SUNY policies of the Board of Trustees, any employee, student or volunteer for SUNY ESC who witnesses or has reasonable cause to suspect any sexual abuse of a child occurring on college property or at a college sponsored event, shall immediately report such conduct to the Office of Safety and Security.

Upon receiving a report, the director of safety and security shall immediately notify the office of the president. Additionally, the office of the president/designee will notify the SUNY Chancellor’s Office.

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 mandatory reporting obligations. Also, the college shall provide vendors or others who are authorized to use college facilities for events training on the procedures and implementation of applicable pre-employment screening requirements and mandatory 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 specific provisions of the collective bargaining agreement and any other applicable college policies and may be subject to 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 address a case of sexual abuse “in house,” or within a department. All reports must be brought to the attention of safety and security for further investigation and handling as a possible 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. Any reports of retaliation should be directed to the Title IX Coordinator at 518-587-2100 Ext. 2389.

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 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 Safety and Security at 518-587-2100, Ext. 2800, or the local 911 center, as applicable.

2. Upon receipt of a report, the Director of Safety and Security will, in all instances, immediately notify a police agency with jurisdiction over the incident. Also, the Office of the President will notify the SUNY Chancellor’s Office.