Transcript Minors on Campus

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?
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 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 paper published by the Academic Senate for
California Community College, Fall 2006
Minors on a College Campus
Where Do You Begin?
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?

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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
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76000-76002
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Governs how Community colleges admit minors.
48800-48802


All rights afforded to the parent transfer to the
minor student when they enroll in college
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
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

FERPA Rights
 Parents may obtain access to their child’s
records by:


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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.)

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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.
2.
3.
Parents will not get support when they
request or demand changes in
curriculum
Parents need to understand that their
child may be exposed to:
 Controversial Content
 Frank Discussions
 Graphic Material
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?
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.
2.
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 Suspected Child
Abuse Reporting Important
to Faculty & Staff?
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)

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
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



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 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)
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 a
particular situation, most people with
similar training or experience would
suspect child abuse or neglect.
Reasonable Suspicion
For reasonable suspicion, keep in
mind:

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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!
What is Child Abuse?
Four Types of Child Abuse
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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

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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

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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 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 Child 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
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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.
When do I Make a Report of
Suspected Child Abuse?
When you have:
 Knowledge
of abuse
 Observed abuse
 Reasonable suspicion of abuse
How do I Make a Report of
Suspected 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)5602191.
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



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
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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)


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 Resources
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/Mi
nor_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.
2.
Go to www.miracosta.edu
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/Ad
missions/Downloads/ConcurrentEnrollment
PermitFormTotalPackageforWeb04222008.
pdf
Online Resource:
Penal Codes
To review the Penal Code in its
entirety go to:
1) www.leginfo.ca.gov/calaw.html
2) Select Penal Code
3) Type 11164-11174.3 in the
keyword box below
4) Select Penal Code 11164-11174.3
Online Resource:
Education Codes
To review the Education Code in its
entirety go to:
1) www.leginfo.ca.gov/calaw.html
2) Select Education Code
3) Type 76000-76002 in the keyword
box below and click Search
4) Select Education Code Section
76000-76002 or 48800-48802
Online Resource:
Child Abuse Reporting Forms

To download Form SS 8572Suspected 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_instruc
t.pdf
Online Resource:
Child Abuse Handbook
Child Abuse & Neglect
http://www.safestate.org/shop/files/CA%20Negl
ect_ADA.pdf
Child Abuse Educator’s Responsibilities
http://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_A
buse_Prevention_Handbook_2007_ADA.p
df
Child Abuse Prevention Handbook
Addenda 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 Aid
Ext. 6893
Joe Mazza,
Director of Risk Management
Ext. 6866
Denise Plante,
Non Credit Career Counselor
Ext. 8709
Robert Sanchez,
Campus Police Corporal
Ext. 6686
Alicia Terry,
Director of Admissions/Registrar
Ext. 6623
Sheri Wright,
Director of Human Resources
Ext. 6865
Questions