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Mandatory Reporter Policy

317.01 Statement:

The Code of Maryland (COMAR) regulations on child abuse and two federal laws (the Clery Act and Title IX of the Education Amendments Act of 1972) establish affirmative duties to report information to the appropriate College and/or law enforcement officials. Hood College expects all employees to comply with mandatory reporting requirements as outlined in the procedures below. Human Resources will be available to consult with departments, supervisors and individuals to ensure compliance with all applicable laws and regulations for mandatory reporting. It is important to note that all employees who hear, see, or suspect something are expected to act upon that information as quickly as possible by bringing it forward to an appropriate “Responsible College Official” as outlined in this policy.

317.02 Philosophy:

Hood College is committed to providing a safe, discrimination-free and harassment-free living, learning, and working environment while complying with the various federal and local laws and regulations. As part of its commitment, the College will train employees on what types of crimes and or incidents must be reported to protect students, faculty, staff, visitors, and other members of the campus community from criminal and discriminatory or harassing behavior.

317.03 Procedures:

Definitions of affirmative duties to report:

The Clery Act creates a duty for colleges and universities who receive federal aid to disclose information about crime on and around campus and to publish the data in an annual security report to the college community, to potential applicants, and to the U.S. Department of Education.

Title IX of the Educational Amendments Act of 1972 (Title IX), Title 20 U.S.C. Sections 1681-1688 create a duty for the reporting of complaints of discrimination, harassment, and sexual assault to responsible college officials by designated employees. The statistics are maintained by the Title IX coordinator and trends are reported to the Title IX and Policy 55 Committee: Prevention and Resolution of Discrimination Harassment and Sexual Misconduct at Hood College. The Title IX and Policy 55 Committee reviews the trends and makes recommendations as appropriate to the Title IX Coordinator and the President of the College.

Code of Maryland, Family Law, Title 5-Children, Subtitle 7-Child Abuse and Neglect, Section 5-704 (Md. Code Ann. Fam. Law § 5-701) creates a duty for the reporting of child abuse, child sexual abuse, and/or child neglect through an oral and written report to the local department of social services or, in abuse cases, to the local law enforcement department and the local State’s Attorney, not later than 48 hours after the contact, examination, treatment or other circumstances that lead you to believe that the child has been subjected to abuse or neglect.

Mandatory reporters:

Many College employees have been designated as mandatory reporters and it is each individual employee’s responsibility to ensure that he/she understands the law(s) that form the basis for the mandates. Each of these laws has reporting requirements. Please review the information below for particulars:

Clery Act

What must be reported:

  • Criminal homicide (murder and manslaughter)
  • Sex offenses, forcible & non-forcible
  • Aggravated assault
  • Robbery
  • Burglary
  • Motor vehicle theft
  • Arson
  • Hate crimes, including any of the above crimes, or any other crime causing bodily injury, if motivated by hate
  • Liquor Law, Drug, and Weapons Offenses

A mandatory reporter, also known as a Campus Security Authority (CSA), is defined in the law as having significant responsibility for student and campus activities.

Reporters:

  • Vice Presidents, Deans, Associate Deans, and the Provost.
  • Employees in supervisory or management roles
  • Residence Life employees
  • Faculty members responsible for supervising any activities or programs, whether on or off campus, co-curricular or extra-curricular, that include direct contact with students outside of the classroom (such as academic advisors, sponsors of student groups, etc.)
  • Campus safety officers and communications staff

Confidential Resources:

  • Dean of the Chapel, Doctors, Health Center staff, or Counselors in the Counseling Center, who only provide care to individual students should report incident data without victim identifying information.

Non-Reporters

  • Administrative staff not responsible for students (e.g., payroll, accounts payable, administrative assistants, facilities)
  • Individual faculty who do NOT serve as advisors to registered student organizations

Title IX

What must be reported:

  • Any acts of discrimination or harassment based on protected categories: an individual’s sex, race, color, sexual orientation, gender identification, religion, age, disability, national origin or any classification currently protected under federal, state, or local anti-discrimination statues
  • Sexual harassment, sexual assault, sexual misconduct relationship violence, sexual violence or sexual assault
  • Hate crimes to include bias based on a victim’s national origin or gender identity

A mandatory reporter is one who has responsibility to address and remedy sexual misconduct and gender-based discrimination and harassment; also, those whom a student or another employee would reasonably believe have such authority or obligation are designated as Reporters.

Reporters:

  • Vice Presidents, Deans, Associate Deans, and the Provost.
  • Employees in supervisory or management roles
  • Professional staff members in Residence Life who work directly in the residence halls or apartments
  • Faculty members responsible for supervising any activities or programs that include direct contact with students outside of the classroom, whether on or off campus, co-curricular or extra-curricular, (such as academic advisors, sponsors of student groups, internships, etc.)
  • Campus safety officers and communications staff

Confidential Resources:

  • Dean of the Chapel, Doctors, Health Center staff, or Counselors in the Counseling Center, who only provide care to individual students should report incident data without victim-identifying information.

Non-Reporters

  • Administrative staff not responsible for students (e.g., payroll, accounts payable, administrative assistants, facilities)
  • Individual faculty who are NOT responsible for supervising any activities or programs that include direct contact with students outside of classroom, whether on or off campus, co-curricular or extra-curricular, (such as academic advisors, sponsors of student groups, internships, etc. )
  • In the event that a non-reporter receives information regarding any such incident, the individual must notify his/her immediate supervisor.

Code of Maryland, Family Law, Title 5 – Children, Subtitle 7- Child Abuse and Neglect, Section 5-707

What must be reported:

  • Child Abuse - Physical or mental injury of a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the child’s health or welfare is harmed or at substantial risk of being harmed. (includes sexual abuse)
  • Child Neglect -Leaving a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicated that the child’s health or welfare is harmed or placed at substantial risk of harm and or mental injury to the child or substantial risk of mental injury
  • Child Sexual Abuse - An act or acts involving sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care/custody or responsibility for supervision of a child, or by any household or family member. Includes but not limited to: incest, rape, sexual offense of any degree, sodomy, and unnatural and perverted sexual practices whether physical injuries are sustained or not.

A mandatory reporter is required to do internal reporting to the Director of Campus Safety and Security or his/her designee. The Director of Campus Safety and Security will assist employees with the appropriate external reporting to social agencies and law enforcement.

Reporters

  • “Educator or human service worker" means any professional employee of a private educational facility.
  • "Educator or human service worker" includes: any teacher; any counselor; or any social worker;
  • At Hood College, all employees are designated as reporters.

Confidential Resources:

There are no confidential resources under this act.

Non-Reporters

  • All employees are expected to report this information immediately to the Director of Campus Safety or his/her designee.

Internal Reporting

  • Sexual Assault or other Sexual Misconduct (See Policy 55 for definitions). Information should be reported to the Director of Campus Safety or his/her designee and the Executive Director for Human Resources (or in his/her absence), the Vice President for Student Life or the Vice President for Finance in accordance with Policy 55 and with the victim’s direction and following the appropriate protocol for confidentiality. In the event that the victim may be subject to further harm (either by the alleged offender or the victim’s intent for self-injury) the veil of confidentiality is lifted and Hood College is required to respond to promote victim safety. Please preserve any evidence that has been brought to your attention and give it to the Director of Campus Safety or his/her designee.
  • Discrimination or harassment (See Policy 55 for definitions). Information should be reported to the Executive Director for Human Resources (or in his/her absence), the Vice President for Student Life or the Vice President for Finance in accordance with the victim’s direction and following the appropriate protocol for confidentiality. In the event that the victim may be subject to further harm (either by the alleged offender or the victim’s intent for self-injury) the veil of confidentiality is lifted and Hood College is required to respond to promote victim safety. Please preserve any evidence that has been brought to your attention and give it to the Executive Director of Human Resources (or in his/her absence), the Vice President for Student Life or the Vice President for Finance in accordance with Policy 55 requirements.
  • Child Abuse, Child Sexual Abuse or Child Neglect (See COMAR Fam. Law § 5-701 for definitions). Information must be reported in an expedient manner to the Director of Campus Safety (or his/her designee). Also, the Director of Campus Safety or his/her designee will help an employee notify the appropriate external authorities within 48 hours. Please preserve any evidence that has been brought to your attention and provide it to the Director of Campus Safety for appropriate chain of custody requirements. This information also must be reported to the Executive Director of Human Resources (or in his/her absence) the Vice President for Student Life or the Vice President for Finance in accordance with Policy 55 requirements.

Reporting Guidelines

An employee may initially be able to withhold personally identifiable information (the name of the victim, the name of the accused individual, and other identifying details about witnesses, location, etc.) in cases where the alleged victim is hesitant to have a formal report made. However, Responsible College Officials may need additional information from the reporter and it is an employee’s job to cooperate fully with these campus officials to provide the requested information. These Responsible College Officials will share information on a “need to know” basis and will be required to take steps to stop the behavior, assist the victim, inform the accused, and prevent future recurrence of the identified issues.

Prohibition of Retaliation

Hood College is committed to protecting individuals from unlawful retaliation for good faith actions in reporting or participating in an investigation pertaining to alleged violations of laws and regulations.