Mandatory Reporting Policy

317 – Mandatory Reporting Process for Clery Act, Title IX, and COMAR Regulations

317.01 Statement:

The Code of Maryland (COMAR) regulations on child abuse and two federal laws (the Clery Act and Title IX of the Education Amendments Act of 1972) establish affirmative duties to report information to the appropriate College and/or law enforcement officials. Hood College expects all employees to comply with mandatory reporting requirements as outlined in the procedures below. Human Resources will be available to consult with departments, supervisors and individuals to ensure compliance with all applicable laws and regulations for mandatory reporting. It is important to note that all employees who hear, see, or suspect something are expected to act upon that information as quickly as possible by bringing it forward to an appropriate “Responsible College Official” as outlined in this policy.

317.02 Philosophy:

Hood College is committed to providing a safe, discrimination-free and harassment-free living, learning, and working environment while complying with the various federal and local laws and regulations. As part of its commitment, the College will train employees on what types of crimes and or incidents must be reported to protect students, faculty, staff, visitors, and other members of the campus community from criminal and discriminatory or harassing behavior.

317.03 Procedures:

Definitions of affirmative duties to report:

The Clery Act creates a duty for colleges and universities who receive federal aid to disclose information about crime on and around campus and to publish the data in an annual security report to the college community, to potential applicants, and to the U.S. Department of Education.

Title IX of the Educational Amendments Act of 1972 (Title IX), Title 20 U.S.C. Sections 1681-1688 create a duty for the reporting of complaints of discrimination, harassment, and sexual assault to responsible college officials by designated employees. The statistics are maintained by the Title IX coordinator and trends are reported to the Title IX and Policy 55 Committee: Prevention and Resolution of Discrimination Harassment and Sexual Misconduct at Hood College. The Title IX and Policy 55 Committee reviews the trends and makes recommendations as appropriate to the Title IX Coordinator and the President of the College.

Code of Maryland, Family Law, Title 5-Children, Subtitle 7-Child Abuse and Neglect, Section 5-704 (Md. Code Ann. Fam. Law § 5-701) creates a duty for the reporting of child abuse, child sexual abuse, and/or child neglect through an oral and written report to the local department of social services or, in abuse cases, to the local law enforcement department and the local State’s Attorney, not later than 48 hours after the contact, examination, treatment or other circumstances that lead you to believe that the child has been subjected to abuse or neglect.

Mandatory reporters:

Many College employees have been designated as mandatory reporters and it is each individual employee’s responsibility to ensure that he/she understands the law(s) that form the basis for the mandates. Each of these laws has reporting requirements. Please review for particulars:

Clery Act

What must be reported:

• Criminal homicide (murder and manslaughter)
• Sex offenses, forcible & non-forcible
• Aggravated assault
• Robbery
• Burglary
• Motor vehicle theft
• Arson
• Hate crimes, including any of the above crimes, or any other crime causing bodily injury, if motivated by hate
• Liquor law, drug, and weapons offenses

A mandatory reporter, also known as a Campus Security Authority (CSA), is defined in the law as having significant responsibility for student and campus activities.

Reporters

• Vice Presidents, Deans, Associate Deans, and the Provost.
• Employees in supervisory or management roles
• Residence Life employees
• Faculty members responsible for supervising any activities or programs, whether on or off campus, co-curricular or extra-curricular, that include direct contact with students outside of the classroom (such as academic advisors, sponsors of student groups, etc.)
• Campus safety officers and communications staff

Confidential Resources

• Dean of the Chapel, Doctors, Health Center staff, or Counselors in the Counseling Center, who only provide care to individual students should report incident data without victim-identifying information.

Non-Reporters

• Administrative staff not responsible for students (e.g., payroll, accounts payable, administrative assistants, facilities)
• Individual faculty who do NOT serve as advisors to registered student organizations

Title IX

What must be reported:

• Any conduct that reasonably may constitute sex discrimination under Title IX must be reported to the Title IX Coordinator.
  • Sex discrimination on the basis of sex stereotypes, sex characteristics, sexual orientation, gender identity, and/or pregnancy or related conditions. 
  • Sexual Harassment: quid pro quo and/or hostile work environment. 
  • Sexual Violence: sexual assault, dating violence, domestic violence, or stalking.

Mandatory Reporters

• A mandatory reporter is any employee who is not a confidential employee and who either has authority to institute corrective measures on behalf of the recipient or has responsibility for administrative leadership, teaching, or advising in the recipient's education program or activity.
  • If you receive a paycheck from Hood College and are not listed below as a confidential resource, then you are a mandated reporter. 

Confidential Employees

• A Confidential Employee is an employee (1) whose communications are Privileged Under Federal or Maryland Law; (2) designated to provide services related to sex discrimination; or (3) conducting an institutional review board-approved research study. Hood College identifies the following employees as confidential when they are serving in the capacity of their title:
  • Dean of the Chapel, 
  • Counselors in the Counseling Center,
  • Counselors in the NeighborHood Counseling Training Center, and
  • Health Services 

Code of Maryland, Family Law, Title 5 – Children, Subtitle 7- Child Abuse and Neglect, Section 5-707

What must be reported:

• Child Abuse - Physical or mental injury of a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the child’s health or welfare is harmed or at substantial risk of being harmed. (includes sexual abuse)
• Child Neglect -Leaving a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicated that the child’s health or welfare is harmed or placed at substantial risk of harm and or mental injury to the child or substantial risk of mental injury
• Child Sexual Abuse - An act or acts involving sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care/custody or responsibility for supervision of a child, or by any household or family member. Includes but not limited to: incest, rape, sexual offense of any degree, sodomy, and unnatural and perverted sexual practices whether physical injuries are sustained or not.

A mandatory reporter is required to do internal reporting to the Director of Campus Safety and Security or his/her designee. The Director of Campus Safety and Security will assist employees with the appropriate external reporting to social agencies and law enforcement.

Reporters

• “Educator or human service worker" means any professional employee of a private educational facility.
• "Educator or human service worker" includes: any teacher; any counselor; or any social worker;
• At Hood College, all employees are designated as reporters.

Confidential Resources:

• There are no confidential resources under this act.

Non-Reporters

• All employees are expected to report this information immediately to the Director of Campus Safety or his/her designee. There are NO non-reporters.