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The Goal of This Presentation
By the end of this workshop you will have theanswers to the following questions:
What are the issues regarding minors on a college campus?
Why is suspected child abuse reporting important to the faculty and staff?
What is child abuse? What are the potential signs of child abuse? When and how do I make a mandated
report of child abuse?
Why should you address minors on a college campus?
73,000 minor students enrolled in California community colleges19,000 already graduated from high
school >2,500 were under the age of 14
Source-Fall 2005 enrollment data from the Minors on Campus: Underage Students at Community Colleges paper published by the Academic Senate for
California Community College, Fall 2006
Who should be involved in creating procedures & guidelines for minors on a college campus?
A committee including representatives from:FacultyAdministrationAdmissions & RecordsCampus PoliceRisk ManagementNoncredit Program, if applicable
What issues should be addressed?
Minors enrollment policy Process to notify instructors of minors
enrolled in their class(es) Training faculty & staff regarding minors on
campus issues Creating web pages to inform the campus
community about issues surrounding minors on a college campus Minors on Campus Webpages
Which Regulations Govern Minors on a College Campus? FERPA
All rights afforded to the parent transfer to the minor student when they enroll in college
76000-76002 Governs how Community colleges admit minors.
48800-48802 Governs how K-12 school districts determine
which high school students may attend a community college
76031, 76032 & 87044 Addresses procedures for removing a minor
student from campus, from class or suspending a student. These regulations include provisions for contacting parents during disciplinary actions.
Notice to Parents of Minors
Should Address:Potential Parental Conflict with
the College AtmosphereHealth & Safety ConcernsCurricular Issues
Notice to Minor Students and Their Parents/Guardians
Potential Parental Conflict with the College Atmosphere
FERPA Rights Parents may obtain access to their child’s
records by: acquiring written consent from the minor
student, or providing proof of dependency for tax purposes
(this part of the code is permissive and the district may or may not choose to disclose information)
Exposure to Adult Language & Conversations Maturity Level of Minor Student Cognitive/Academic Development of Minor
Student
Notice to Minor Students and Their Parents/Guardians
Potential Parental Conflict with the College Atmosphere (cont.)
Instructors do not act in loco parentis (in place of parents)
Parent May Not Accompany Minor to Class
Parents Will Not Receive Progress Reports
Notice to Minor Students and Their Parents/Guardians
Health & Safety Concerns
Parents must provide consent for emergency first aid and treatment
Prior to Attending Class, Parent & Student Must Discuss What To Do In Case of: emergency class cancellation early dismissal from class arranged transportation fails to arrive other common safety precautions
Notice to Minor Students and Their Parents/Guardians
Health & Safety Concerns (cont.)
Access to Health Services which include: Pregnancy testing HIV testing Access to condoms Access to abortion information Access to prescription for birth control
Notice to Minor Students and Their Parents/Guardians
Curricular Issues
1. Parents will not get support when they request or demand changes in curriculum
2. Parents need to understand that their child may be exposed to: Controversial Content Frank Discussions Graphic Material
3. Field Trip Attendance to Controversial Events or Locations
Notice to Minor Students and Their Parents/Guardians
Policies & Procedures to Review
Enrollment Concurrent Enrollment Procedures High School vs. College Credit
Field Trip Policy International Student Program Athletics Performing Arts Suspected Child Abuse Reporting
Procedures
How are instructors notified of the minors enrolled in their class?
o How you notify instructors will depend on the technology and other resources available to you
How are instructors notified of the minors enrolled in their class? (cont.)
1. Notation on Rosters of Minors Enrolled in the Class
2. Snail Mail or Email Notification Process at MiraCosta College:
Query Online Enrollment System Attendance Accounting Specialist runs a
query of all minors enrolled as of each term session start date and add deadline date
Send list of minors enrolled in each class to each instructor
Why is reporting suspected child abuse important to faculty and staff?
Their position makes them a mandated reporter Penal Code, § 11165.7 subd. (a)
Their status as a mandated reporter, requires them to report suspected child abuse Penal Code, § 11165.7 subd. (a)
Mandated reporters are protected both civilly and criminally. However, there are penalties if you do not report suspected child abuse. Penal Codes, § 11172(a) and 11166.01 subd. (c)
Who Are Mandated Reporters?Penal Code, § 11165.7 subd. (a)
Faculty All certificated personnel
Instructional Aides Teaching Assistants Classified Employees Administrators or employees whose duties require direct
contact and supervision of students Licensees, administrators or employees of a licensed
community care or child day care facility Employees of a school district police or security
department Peace Officers-MCC Campus Police qualify Psychologists, interns, licensed nurses, marriage, family
and child counselors and clinical social workers Volunteers are encouraged, but not mandated to report
abuse
Which laws govern suspected child abuse?
Penal Codes 11164-11174.3 define: Types of child abuse Who is a mandated reporter How to make a report of child abuse What is reasonable suspicion
Notification to Mandated Reporters
At the point of hiring, all mandated reporters must receive a copy of Penal Code §§11165.7, 11166 and 11167
Mandated Reporters must sign a statement that he or she has knowledge of the provisions in §11166
Civil and Criminal Liability Protection for Mandated Reporters Penal Code, § 11172 subd. (a)
No mandated reporter shall be civillyor criminally liable for any reporteven if the mandated reporter
acquired the knowledge or reasonable suspicion of abuse or neglect outside of his or her professional capacity or outside the scope of his or her employment.
Penalties for Mandated Reporters Not Reporting Child Abuse Penal Code, § 11166.01 (c)
If abuse or neglect resulted in death or great bodily injury and the mandated reporter willfully failed to report it OR any person impeded or inhibited a report of the abuse, that person shall be punished by serving no more than one year in a county jail and/or be fined no more than $1,000.
Reasonable Suspicion Penal Code § 11166 (a)(1)
Reasonable suspicion means that,after examining all of the facts in aparticular situation, most people withsimilar training or experience wouldsuspect child abuse or neglect.
Reasonable Suspicion
For reasonable suspicion, keep inmind:
You don’t need to be 100% sure It’s enough to report if you suspect
child abuse Even though you may be fearful of
repercussions, your first responsibility is to the student.
If you suspect it, report it!
Four Types of Child Abuse
Sexual abuse Neglect Willful harming or injuring of a
student/child or the endangering of the person or health of a student/child
Unlawful corporal punishment or injury of a student/child
Sexual Abuse Defined
A sexual assault on, or the sexual exploitation of, a minor.
See Penal Code § 11165.1 for a more explicit description of acts that constitute sexual abuse.
Neglect Defined
The negligent treatment or maltreatment of a student/child by a parent or caretaker under circumstances indicating harm or threatened harm to the student/child’s health or welfare.
Includes acts of commission and omission on the part of the responsible person.
Two Types of Neglect
Severe Neglect Failure on the part of the caretaker to protect
the student/child from malnutrition or medically diagnosed non-organic failure to thrive. Includes the intentional failure to provide adequate food, clothing, shelter, or medical care.
General Neglect Failure on the part of the caretaker to provide
adequate food, clothing, shelter, medical care, or supervision where no physical injury to the student/child has occurred.
“Willful harming or injuring of a child or the endangering of the person or health of a child” Defined
A situation in which any person willfully causes or permits any student/child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering.
The caretaker willfully causes or permits the person or health of a student/child to be placed in a situation in which his or her person or health is endangered.
“Unlawful corporal punishment or injury of a child” Defined
A situation where any person willfullyinflicts upon any student/child anycruel or inhuman corporal punishmentor injury resulting in a traumaticcondition.
What are the Potential Signs of Abuse?
The student:
tells you the injury and/or sexual abuse has occurred
has unexplained injuries
is withdrawn, depressed, suicidal and/or apathetic
exhibits exaggerated fearfulness
is excessively aggressive, violent, or destructive
Potential Signs of Abuse
Parent or caretaker places unreasonable or impossible demands on the student without consideration of the student’s developmental capacity.
Keep in mind, these signs may be due to other causes, but the suspicion of abuse should not be dismissed.
Reporting Child Abuse
Reports of suspected child abuse or neglect shall be made to one of the following:
Campus Police
Any local police or sheriff’s department
County Welfare Services-Health & Human Services Agency at (800)344-6000 or (858)560-2191.
The mandated reporter must make the initial mandated report immediately or as soon as is
practicably possible by telephone and submit a written mandated report within 36 hours of receiving the information concerning the incident. (Penal Code § 11166 (a))
Initiate a mandated report by calling Campus Police, or any police or welfare
office.
If you contact Campus Police, you must make the mandated report to a police officer(not a dispatcher or Community Service Officer on campus)
Provide the name, age and student ID# of the student involved as well as a clear description of the suspected abuse
Telephone Report of Child Abuse
Written Report of Child Abuse
Once the call is made to Campus Police, or any police or welfare office, a mandated reporter must complete and submit Form SS 8572 to Campus Police within 36 hours of the telephone report.
Form SS 8572 is available online at http://ag.ca.gov/childabuse/pdf/ss_8572.pdf
Reporting requirements have not been met until both the phone and written mandated reports have been submitted.
Keep a copy of the written report for 5 years
Reporting Obligations of Mandated ReportersPenal Code, § 11166 (i) & 11166.01(i)(3)
Simply informing the mandated reporter’s supervisor, area dean or any other person shall not be a substitute for making a mandated report to an agency.
In addition, no supervisor or administrator may impede or inhibit a mandated reporter from filing a report, nor subject him or her to any penalties for filing a report.
Online Resource:Academic Senate Statewide Report
To review the statewide AcademicSenate “Minors on Campus: UnderageStudents at Community Colleges”report go to:
http://www.asccc.org/Publications/Papers/Minor_2006.html
Online Resource:MCC-Minors on Campus Web pages
To review MiraCosta College’s Minors on Campus web pages go to:
http://www.miracosta.edu/studentservices/MinorsonCampus.htm
Online Resource:Notice to Minor Students
and Their Parents/Guardians
1. Go to www.miracosta.edu2. Click on Student Services→Admissions
& Records→Student Forms→Concurrent Enrollment Permit
3. Scroll down to the Notice to Minor Students & Their Parents/Guardians
http://www.miracosta.edu/StudentServices/Admissions/Downloads/ConcurrentEnrollmentPermitFormTotalPackageforWeb04222008.pdf
Online Resource: Penal Codes
To review the Penal Code in itsentirety go to: 1) www.leginfo.ca.gov/calaw.html2) Select Penal Code3) Type 11164-11174.3 in the keyword
box below4) Select Penal Code 11164-11174.3
Online Resource: Education Codes
To review the Education Code in itsentirety go to: 1) www.leginfo.ca.gov/calaw.html2) Select Education Code3) Type 76000-76002 in the keyword box
below and click Search4) Select Education Code Section 76000-
76002 or 48800-48802
Online Resource: Child Abuse Reporting Forms
To download Form SS 8572-Suspected Child Abuse Report go to: http://ag.ca.gov/childabuse/pdf/ss_8572.pdf
For instructions on how to complete Form SS 8572 go to: http://ag.ca.gov/childabuse/pdf/8572_instruct.pdf
Online Resource: Child Abuse Handbook
Child Abuse & Neglecthttp://www.safestate.org/shop/files/CA
%20Neglect_ADA.pdf
Child Abuse Educator’s Responsibilitieshttp://safestate.org/documents/
CA_Child_Abuse_Ed_Respon_2007_ADA.pdf
Online Resource: Child Abuse Handbook
Child Abuse Prevention Handbook:http://safestate.org/documents/
CA_Child_Abuse_Prevention_Handbook_2007_ADA.pdf
Child Abuse Prevention HandbookAddenda I through IV:http://safestate.org/shop/files/CA%20Child
%20Abuse%20Addenda_ADA.pdf
MiraCosta College Campus Resources
If you have any questions about the procedures for reporting
suspected child abuse you can call any of the following staff for clarification:
Gilbert Hermosillo, Dean of Admissions, Assessment & Student AidExt. 6893
Denise Plante, Non Credit Career CounselorExt. 8709
Alicia Terry, Director of Admissions/RegistrarExt. 6623
Joe Mazza, Director of Risk ManagementExt. 6866
Robert Sanchez, Campus Police CorporalExt. 6686
Sheri Wright, Director of Human ResourcesExt. 6865