CHILD ABUSE/NEGLECT REPORTING POLICY & PROCEDURES - Tulane University

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CHILD ABUSE/NEGLECT REPORTINGPOLICY & PROCEDURESI. CHILD ABUSE/NEGLECT REPORTING POLICYIn accordance with applicable laws regarding the welfare of children, Tulane hasissued the following Child Abuse/Neglect Reporting Policy & Procedures [“Policy”] toexplain the responsibility of Tulane Employees to report Child Abuse, Neglect and/orCrimes against the Child as described below.A.PURPOSEThe purpose of the Policy is to set forth the requirements applicable to allEmployees of Tulane University for reporting incidents of actual or suspected ChildAbuse, Neglect and/or Crimes against the Child. This Policy explains who is required toreport Child Abuse, Neglect and/or Crimes against the Child, when reporting is required,and the process for reporting suspected Child Abuse, Neglect and/or Crimes against theChild.B.POLICY DEFINITIONS1. A “Child” is a person under eighteen years of age. A Child cannot consent to asexual relationship of any kind.2. “Child Abuse” means the commission of any act by an individual which endangersthe physical, mental, or emotional health and safety of a Child. This includes, but is notlimited to, (a) the infliction, attempted infliction, or, as a result of inadequate supervision,the allowance of the infliction or attempted infliction of physical or mental injury uponthe child by a parent or any other person; (b) the exploitation or overwork of a child by aparent or any other person; or (c) .the involvement of the child in any sexual act or theaiding or toleration of the child’s sexual involvement with any other person or of thechild’s involvement in pornographic displays, or any other involvement of a child insexual activity.3.A “Crime against the Child” includes the commission of or the attemptedcommission of any of the following crimes against a Child: PD.8125373.1Homicide, battery, assault, rape, sexual battery, kidnapping, criminalneglect, criminal abandonment, incest, carnal knowledge of a Child,indecent behavior with a Child, pornography involving Children,molestation of a Child, crime against nature, cruelty to a Child,contributing to the delinquency or dependency of a Child, sale of minor

Children, human trafficking, and trafficking of a Child for sexualpurposes.4.“Neglect” means the refusal or unreasonable failure of a parent or caretaker tosupply the child with minimally adequate food, clothing, shelter, care, treatment, ormedical care for any injury, illness, or condition of the child, as a result of which thechild’s physical, mental, or emotional health and safety is substantially threatened orimpaired.5.An “Employee” for purposes of this policy includes all University faculty,administrators, staff, student workers and individuals affiliated with Tulane University bycontract (including non-employees, such as vendors, volunteers, interns, and independentcontractors) who are providing services at any University location.6.The following individuals are “Mandatory reporters” under Louisiana law: “Health Practitioners” – Any individual who provides health care servicesinvolving the diagnosis, examination or treatment of a Child or his family.This includes physicians, surgeons, physical therapists, dentists, residents,interns, hospital staff members, podiatrists, chiropractors, licensed nurses,nursing aides, dental hygienists, emergency medical technicians,paramedics, optometrists, and medical examiners. “Mental health/social service practitioners” – Any individual whoprovides mental health care or social service diagnosis, assessment,counseling or treatment, or who provides counseling services to a Child orhis family. This includes psychiatrists, psychologists, marriage or familycounselors, social workers, members of the clergy or other individualswho provide counseling services to a child or his family.“Teaching or Child Care Provider” – Any person who provides or assistsin teaching, training, and supervising a Child, or who provides suchservices in a volunteer or professional capacity. This includes teacher’saides, bus drivers, coaches, professors, university administrators,university staff members, social workers, or day care providers. Police officers or law enforcement officials. “Organizational or youth activity provider” – Any person who providesorganized activities for Children including administrators, employees, orvolunteers of any day camp, summer camp, youth center, or youthrecreation programs. School coaches, including university coaches and coaches of intramural orinterscholastic athletics.-2PD.8125373.1

C.REPORTING PROCEDURESAll University Employees are required under this Policy to report suspected ChildAbuse, Neglect and/or Crimes against the Child of which they have knowledge, or whichthey have reasonable cause to suspect has occurred. For purposes of this Policy,“reasonable cause” means a basis for judgment that rests on specific facts, either directlyobserved or obtained from reliable sources, that supports a belief that a particular eventprobably took place or a particular condition probably exists. This reporting obligationincludes ALL Tulane Employees as defined above.Any uncertainty as to whether reporting is required should always beresolved in favor of making a report pursuant to this Policy.First, all University Employees are required to IMMEDIATELY report allsuspected cases of Child Abuse, Neglect and/or Crimes against the Child to the TulaneUniversity Police Department (“TUPD”).oContact Information: Uptown Campus:Dial Ext. 5911 (on-campus)Dial (504) 865-5911 (cell phone or off-campus) Downtown Campus:Dial Ext. 5-5555 (on-campus)Dial (504) 988-5555 (cell phone or off-campus) Online Reporting Form: https://tulane.edu/police/report a crime.cfmIf a University Employee sees a Child in imminent danger or a Crime againstthe Child in progress, the Employee shall immediately call 911.Second, if an Employee is also a Mandatory Reporter, he/she must alsoimmediately and directly report suspected Child Abuse, Neglect and/or Crimes againstthe Child to the Department of Children and Family Services/Child Welfare (“DCFS”)and/or local law enforcement officials.o If Alleged Perpetrator is a Parent or Caretaker:Call DCFS Child Abuse Hotline:865-4LA-Kids (865-452-5437)Toll Free 24 hrs per day, 365 days per yearo If Alleged Perpetrator is an individual other than a Parent or Caretaker:Call New Orleans Police Dept.: (504) 821-2222 (non-emergency, file report)Dial 911 (emergency, imminent danger to Child)Third, all Employees must also report this information to his/her immediatesupervisor within 24 hours of making the initial report to TUPD and/or DCFS or locallaw enforcement officials.-3PD.8125373.1

D.FORM OF REPORTINGOral Reports. An initial oral report is acceptable, but a written report by theEmployee detailing the suspected Child Abuse, Neglect and/or Crimes against the Childis required within 24 hours of the initial oral report.Written reports should be submitted via the University’s Campus Reporting Formlocated at TulaneUniv.If an Employee is a Mandatory Reporter under the law, he/she must also send awritten report to DCFS or law enforcement within five calendar days of any oral report.A copy of this written report should also be forwarded immediately to the Office ofGeneral Counsel.The “Written Report Form for Mandatory Reporters of Child Abuse/Neglect” isavailable from the Louisiana Department of Children and Family Services/Child Welfareat OCS/CPI-2.pdf.MandatoryReporter forms should be faxed to the Orleans Parish Child Welfare Office at (504)680-9103.Written Reports. Written reports should endeavor to include the following, ifknown: E.Name, age and birthdate of Child involved;Name and contact information of Child’s parents or caretaker;Identity and contact information of individual making the report;Relationship between individual making the report and the Child;Identity and contact information of alleged perpetrator;Time, date and location of alleged incident; andSpecific factual details of allegedly inappropriate conduct.REPORTING AND POLICY RESPONSIBILITIES1.EmployeesAll Employees must be familiar with and abide by this Policy.All Employees must engage in appropriate conduct when interacting withChildren.All University Employees are required under this Policy to reportsuspected Child Abuse, Neglect and/or Crimes against the Child of which theyhave knowledge, or which they have reasonable cause to suspect has occurred.Employees shall cooperate with all official internal and externalinvestigations arising from the Employee’s report of suspected Child Abuse,Neglect and/or Crimes against the Child.-4PD.8125373.1

2.Tulane University Police Department (“TUPD”)Upon receipt of a report of suspected Child Abuse, Neglect and/or Crimesagainst the Child under this policy, TUPD shall report the suspected Child Abuse,Neglect and/or Crimes against the Child to the Department of Children andFamily Services/Child Welfare and to local law enforcement. The initial reportsare to be made orally, and immediately.TUPD shall NOT make an independent determination of whether to reportan allegation of Child Abuse, Neglect and/or Crimes against the Child.TUPD will follow-up oral reports to DCFS and local law enforcementwith an additional written report within five calendar days of the initial oralreport.TUPD will cooperate with DCFS and/or local law enforcement agenciesand facilitate any investigations initiated by either agency into reports ofsuspected Child Abuse, Neglect and/or Crimes against the Child.TUPD shall maintain a confidential written record of all reports madeunder this Policy.Internal Reports to be made by TUPD:Reporting Employee.TUPD shall promptly notify the reportingEmployee that a report has been made to the DCFS Hotline and local lawenforcement. However, notice to the Employee of a report made by TUPD doesnot replace the additional independent and direct reporting obligation of anyEmployee who is also a Mandatory Reporter under the law.“Mandatory Reporter” Employees. If a reporting Employee is a“Mandatory Reporter”, TUPD will verify whether the Employee has made anindependent, direct oral and/or written report of suspected Child Abuse/Neglect toDCFS and/or local law enforcement. If the Employee has not already done so,TUPD may assist the Employee as needed to immediately make such a report(e.g. provide contact information, or a blank copy of reporting form). However,the obligation for making a mandatory report of suspected Child Abuse, Neglectand/or Crimes against the Child remains at all times with the “MandatoryReporter” Employee. Under no circumstances, will TUPD or any designatedagent of Tulane attempt to exercise any control, restraint or modification to anyoral or written report by a “Mandatory Reporter” Employee to DCFS or local lawenforcement.Office of the General Counsel. TUPD shall promptly notify the Office ofthe General Counsel that a report of suspected Child Abuse, Neglect and/orCrimes against the Child has been received.-5PD.8125373.1

Workforce Management Office. If a University Employee is the allegedperpetrator of suspected Child Abuse, Neglect and/or Crimes against the Child,TUPD shall also promptly notify the Workforce Management Organization of theallegations.Office for Student Affairs. If a University Student is the allegedperpetrator of suspected Child Abuse, Neglect and/or Crimes against the Child,TUPD shall also promptly notify the Vice President for Student Affairs of theallegation.3.Vice Presidents,Employee SupervisorsDepartmentChairpersonsand Ensure that the requirements of this Policy are communicated to allstaff upon initial hiring and at relevant times thereafter. Cooperate fully with any internal or external investigations that arisefrom an allegation of suspected Child Abuse, Neglect and/or Crimesagainst the Child.4.F.Deans,Workforce Management Organization Consult with the appropriate Vice President, Dean, DepartmentChairpersons and/or Employee Supervisor regarding any allegations ofChild Abuse, Neglect and/or Crimes against the Child against aUniversity Employee. Consult with the appropriate Vice President, Dean, DepartmentChairpersons and/or Employee Supervisor regarding any potentialdisciplinary actions for any University Employee accused of ChildAbuse, Neglect and/or Crimes against the Child, both during and aftercompletion of external investigations into the allegation. Provide support as needed to ensure University Employees areeducated regarding the requirements of this Policy.DISCIPLINARY ACTIONWhen a University Employee is the alleged perpetrator of Child Abuse, Neglectand/or Crimes against the Child, the Employee’s immediate Supervisor, in consultationwith the appropriate Vice President, Dean or Department Chairperson and the WorkforceManagement Organization, will remove the Employee from all activities involving directcontact with Children until the matter is fully investigated and resolved.Depending on the circumstances and severity of the alleged conduct, an Employeeaccused of Child Abuse, Neglect and/or Crimes against the Child may also be suspendedor granted leave (with or without pay), pending investigation of the accusation.-6PD.8125373.1

Any Employee found to have engaged in Child Abuse, Neglect and/or Crimesagainst the Child will be immediately dismissed from Tulane and will not be eligiblefor rehire with the University in the future.In the event an external investigation by DCFS and/or local law enforcement isdismissed against an Employee, regardless of the basis for the dismissal, the Employeemay still be subject to disciplinary action for any violations by the Employee of hisemployment contract, applicable codes of conduct, and/or University and departmentpolicies and procedures. All disciplinary actions will be in accordance with applicableemployment contracts, University policies, and disciplinary procedures, as described inthe Faculty and Staff Handbooks.G.FALSE ACCUSATIONS FORBIDDENAll good faith reports of suspected Child Abuse, Neglect and/or Crimes againstthe Child are encouraged and required to be made in accordance with this Policy.It is expressly noted, however, that false accusations of Child Abuse, Neglectand/or Crimes against the Child will have a serious impact on innocent individuals andthat making knowingly false accusations Child Abuse, Neglect and/or Crimes against theChild is not condoned in any way.Due to the seriousness of a knowingly false accusation of this nature, Tulanereserves the right to impose disciplinary actions, up to and including termination, basedon the severity of the conduct by any Employee who knowingly makes a false report ofChild Abuse, Neglect and/or Crimes against the Child. All disciplinary actions will be inaccordance with applicable employment contracts, University policies, and disciplinaryprocedures, as described in the Faculty or Staff Handbooks.H.CONFIDENTIALITYThe University will strive, to the extent allowed by the law, to protect the privacyof all persons involved in allegations of Child Abuse, Neglect and/or Crimes against theChild. University Employees who make a good faith report of Child Abuse, Neglectand/or Crimes against the Child, and those who become aware of such a report in thecourse of the University’s reporting and cooperation with state investigatory and/or lawenforcement agencies, must only discuss the allegations with authorized persons oragencies directly involved in the reporting or investigation of the allegation who have alegitimate need to know such information. Unauthorized discussions of a report of ChildAbuse, Neglect and/or Crimes against the Child could not only violate the legal rights ofthe potential victim or suspect, but may also negatively (and potentially unlawfully)interfere with ongoing investigations into the matter.Any Employee who receives an unsolicited inquiry from an individual or agency(e.g. media inquiry) not directly involved in the reporting or investigation of suspectedChild Abuse, Neglect and/or Crimes against the Child should decline to comment andrefer the individual or agency making the inquiry to Tulane’s Office of University-7PD.8125373.1

Communications. The Employee should also promptly notify his/her Supervisor of thereceipt of an unsolicited inquiry and by whom the inquiry was made.Failure of an Employee to abide by the Confidentiality provision of this Policymay result in disciplinary action, up to and including termination.I.ANONYMOUS REPORTSLouisiana law requires the identity and contact information of individualsreporting suspected Child Abuse, Neglect and/or Crimes against the Child. However, inthe event a University Employee receives an anonymous report of suspected ChildAbuse, Neglect and/or Crimes against the Child, the Employee shall immediately reportthe anonymous report in accordance with this Policy.The University, in turn, will immediately take all appropriate actions inaccordance with this Policy, to the fullest extent possible, to report all anonymous reportsof Child Abuse, Neglect and/or Crimes against the Child.J.RETALIATIONRetaliation against any Employee who makes a good faith report of suspectedChild Abuse, Neglect and/or Crimes against the Child, or who has been involved inreporting, investigating, or responding to a report of Child Abuse, Neglect and/or Crimesagainst the Child, is a violation of this Policy.No University Employee will be disciplined for making a good faith report ofsuspected Child Abuse, Neglect and/or Crimes against the Child in accordance with thisPolicy. Likewise, the making of a good faith report will not reflect negatively on theEmployee, nor will it affect the Employee’s working conditions, rights, or privileges.An Employee who believes he/she has been subjected to retaliation in violation ofthis Policy should promptly report the alleged retaliation to his/her immediate supervisor.Alternately, an Employee may report alleged retaliation to the Dean or DepartmentChairperson with which the Employee is affiliated, the Office of Institutional Equity(504-862-8083), and/or the Workforce Management Office (504-865-5280).K.DISSEMINATION OF POLICYThis Policy will be posted online to all faculty, administrators, staff, studentworkers, and individuals affiliated with Tulane University by contract, including nonemployees, such as vendors, volunteers, interns, and independent contractors. AllUniversity Employees who subsequently become affiliated with Tulane University shallbe informed of this Policy during their orientation. This Policy may be revised from timeto time and such revisions will be posted on the University’s website. Any suspectedcase of Child Abuse, Neglect and/or Crimes against the Child reported under this Policywill be governed by the Policy version in effect at the time the report is made.-8PD.8125373.1

medical care for any injury, illness, or condition of the child, as a result of which the child's physical, mental, or emotional health and safety is substantially threatened or . podiatrists, chiropractors, licensed nurses, nursing aides, dental hygienists, emergency medical technicians, paramedics, optometrists, and medical examiners .