Mandatory Child Sexual Abuse Reporting & Prevention
Responsible Office: Risk Management
Policy Type: Risk Management
Policy Number: 852
Last Date Revised:07/22/2019
This Policy places an affirmative obligation upon Binghamton University employees, students, and volunteers to report child sexual abuse that occurs on campus or off campus at University-sponsored events to the appropriate authority or authorities. This policy also requires that relevant employees and students be trained on recognizing child sexual abuse crimes and that there is an obligation to report such abuse if it is witnessed.
On December 17, 2012, the State University of New York Board of Trustees adopted a resolution to mandate the reporting of incidents of child sexual abuse on University property and at University-sponsored events, and to take steps to prevent such incidents. The SUNY policy goes above and beyond all reporting requirements currently mandated by New York State law.
The purpose of this policy is to further protect minors who are present on the Binghamton University campus or participating in University-sponsored activities by ensuring that what should be a moral obligation also becomes a legal obligation. All members of the University community have a role to play in preventing sexual abuse of children and providing University Police with relevant information about the victim and assailant so that law enforcement consequences will be triggered. It is a violation of the policy for a member of the University community to attempt to handle a case of sexual abuse “in house,” within a department, residence hall, or athletic team, for example. All reports must be brought to the attention of University Police for further investigation and handling as a criminal matter.
There shall be no retaliation or retribution against anyone based on making a report under this policy.
For purposes of this policy, a “child” shall be defined as an individual under the age of 17.
Consistent with the provisions and applicable definitions of the New York State Penal Law Articles 130, 260 and 263, and the SUNY Policies of the Board of Trustees, any employee or student of or volunteer for Binghamton University (“University”) who witnesses or has reasonable cause to suspect any sexual abuse of a child occurring on University property or while off campus during official State University business or University-sponsored events shall immediately report such conduct to the University Police Department. Such report should include the names of the alleged victim and alleged assailant (if known), other identifying information about the alleged victim and alleged assailant, the location of the activity, and the nature of the activity.
Upon receiving such a report, the Chief of the Binghamton University Police Department (“Chief”) shall promptly notify the campus President, the Provost, the Vice President for Operations, the Vice President for Student Affairs, and the Director of Risk Management & Administrative Compliance. Additionally the Chief shall notify the Commissioner of SUNY University Police (“Commissioner”) who shall report such incidents to the Chancellor for periodic reporting to the Board of Trustees.
Additionally the University shall, on an annual basis, notify all employees of the existence of this policy and train employees on the provisions of this policy and the attendant reporting obligations.
Vendors, licensees or others who are given permission to come onto campus or to use University facilities for events or activities that will include participation of children shall ensure that they have in place procedures for training, implementation of applicable pre-employment screening requirements and reporting of child sexual abuse.
An employee found in violation of the provisions of this policy shall be subject to discipline up to termination of his/her employment, consistent with the terms and conditions of the applicable collective bargaining agreement, if any, as well as subject to any applicable criminal prosecution.
Nothing contained in this policy precludes mandated reporters from completing their obligation to report suspected child sexual abuse.
- Employees, students or volunteers who witness or have a reasonable cause to suspect any sexual abuse of a child occurring on college property or while off campus during official college business or a college sponsored event, shall report the incident immediately to the Binghamton University Police Department at 607-777-2393.
- The report to the Binghamton University Police Department should include the names of the alleged victim and alleged assailant (if known), other identifying information about the alleged victim and alleged assailant, the location of the activity, and the nature of the activity.
3. Upon receiving such a report, along with initiating its standard investigatory procedures and notifications to other campus offices (see above), the Chief of the Binghamton University Police Department shall promptly notify the campus President, the Provost, the Vice President for Operations, the Vice President for Student Affairs, and the Director of Risk Management & Administrative Compliance. Additionally the Chief shall notify the Commissioner of University Police at SUNY System Administration, who shall report such incidents to the Chancellor for periodic reporting to the Board of Trustees.
SUNY Policy - https://www.suny.edu/sunypp/documents.cfm?doc_id=762
References / Citations
New York State Penal Law Articles: