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Minors on a College Campus & The Child Abuse and Neglect Reporting Act. The Goal of This Presentation. By the end of this workshop you will have the answers to the following questions: What are the issues regarding minors on a college campus?

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minors on a college campus the child abuse and neglect reporting act
Minors on a College Campus

&

The Child Abuse and Neglect Reporting Act

the goal of this presentation
The Goal of This Presentation

By the end of this workshop you will have the

answers 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
Why should you address minors on a college campus?
  • 73,000 minor students enrolled in California community colleges
    • 19,000 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 paperpublished by the Academic Senate for California Community College, Fall 2006

minors on a college campus where do you begin
Minors on a College Campus

Where Do You Begin?

who should be involved in creating procedures guidelines for minors on a college campus
Who should be involved in creating procedures & guidelines for minors on a college campus?
  • A committee including representatives from:
    • Faculty
    • Administration
    • Admissions & Records
    • Campus Police
    • Risk Management
    • Noncredit Program, if applicable
what issues should be addressed
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
  • Creatingweb 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
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.
enrollment issues parents expectations vs college campus environment
Enrollment Issues

Parents’ Expectations

Vs.

College Campus Environment

notice to parents of minors
Notice to Parents of Minors
  • Should Address:
    • Potential Parental Conflict with the College Atmosphere
    • Health & Safety Concerns
    • Curricular Issues

Notice to Minor Students and Their Parents/Guardians

potential parental conflict with the college atmosphere
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
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
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
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
Curricular Issues
  • Parents will not get support when they request or demand changes in curriculum
  • Parents need to understand that their child may be exposed to:
    • ControversialContent
    • Frank Discussions
    • Graphic Material
  • Field Trip Attendance to Controversial Events or Locations

Notice to Minor Students and Their Parents/Guardians

policies procedures to review
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 class1
How are instructors notified of the minors enrolled in their class?
  • 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
How are instructors notified of the minors enrolled in their class? (cont.)
  • Notation on Rosters of Minors Enrolled in the Class
  • 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
Why is reporting suspected child abuse important to faculty and staff?
  • Their position makes them a mandated reporterPenal 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
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
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
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
Civil and Criminal Liability Protection for Mandated Reporters Penal Code, § 11172 subd. (a)

No mandated reporter shall be civilly

or criminally liable for any report

even 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
Penalties for Mandated Reporters Not Reporting Child AbusePenal 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 SuspicionPenal Code § 11166 (a)(1)

Reasonable suspicion means that,

after examining all of the facts in a

particular situation, most people with

similar training or experience would

suspect child abuse or neglect.

reasonable suspicion
Reasonable Suspicion

For reasonable suspicion, keep in

mind:

  • 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
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
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
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
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.
slide33
“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
“Unlawful corporal punishment or injury of a child” Defined

A situation where any person willfully

inflicts upon any student/child any

cruel or inhuman corporal punishment

or injury resulting in a traumatic

condition.

what are the potential signs of abuse
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
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.
when you have
When you have:
  • Knowledge of abuse
  • Observed abuse
  • Reasonable suspicion of abuse
reporting child abuse
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))

telephone report of child abuse
Telephone Report of Child Abuse
  • 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
written 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 reporters penal code 11166 i 11166 01 i 3
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
Online Resource:Academic Senate Statewide Report

To review the statewide Academic

Senate “Minors on Campus: Underage

Students at Community Colleges”

report go to:

http://www.asccc.org/Publications/Papers/Minor_2006.html

online resource mcc minors on campus web pages
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
Online Resource:Notice to Minor Students and Their Parents/Guardians
  • Go to www.miracosta.edu
  • Click on Student Services→Admissions & Records→Student Forms→Concurrent Enrollment Permit
  • Scroll down to the Notice to Minor Students & Their Parents/Guardians

http://www.miracosta.edu/StudentServices/Admissions/Downloads/ConcurrentEnrollmentPermitFormTotalPackageforWeb04222008.pdf

online resource penal codes
Online Resource: Penal Codes

To review the Penal Code in its

entirety go to:

  • www.leginfo.ca.gov/calaw.html
  • Select Penal Code
  • Type 11164-11174.3in the keyword box below
  • Select Penal Code 11164-11174.3
online resource education codes
Online Resource: Education Codes

To review the Education Code in its

entirety go to:

  • www.leginfo.ca.gov/calaw.html
  • Select Education Code
  • Type 76000-76002in the keyword box below and click Search
  • Select Education Code Section 76000-76002 or 48800-48802
online resource child abuse reporting forms
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
Online Resource: Child Abuse Handbook

Child Abuse & Neglect

http://www.safestate.org/shop/files/CA%20Neglect_ADA.pdf

Child Abuse Educator’s Responsibilities

http://safestate.org/documents/CA_Child_Abuse_Ed_Respon_2007_ADA.pdf

online resource child abuse handbook1
Online Resource: Child Abuse Handbook

Child Abuse Prevention Handbook:

http://safestate.org/documents/CA_Child_Abuse_Prevention_Handbook_2007_ADA.pdf

Child Abuse Prevention Handbook

Addenda I through IV:

http://safestate.org/shop/files/CA%20Child%20Abuse%20Addenda_ADA.pdf

miracosta college campus resources
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 Aid

Ext. 6893

Denise Plante,

Non Credit Career Counselor

Ext. 8709

Alicia Terry,

Director of Admissions/Registrar

Ext. 6623

Joe Mazza,

Director of Risk Management

Ext. 6866

Robert Sanchez,

Campus Police Corporal

Ext. 6686

Sheri Wright,

Director of Human Resources

Ext. 6865

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