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Policy 86

                             
Administrative Policy 86:
Mandatory Reporting of Suspected Child Abuse and Neglect
Issued: 5/01/2012
Revised: 8/02/2012
Reference:
      Executive Order #54
      WI Stats 48.981
  WI Admin Code DHS 175
Institution Approval:
Deborah Ford
Reviewers:
      Dean of Students
      Police & Public Safety
Office of Diversity and Inclusion
Camps and Conference License Coordinator
Maintained By:
      Dean of Students

86.01 Background

The University of Wisconsin-Parkside prioritizes safety and strives to provide a safe learning environment for all.  Children come into contact with the University of Wisconsin-Parkside through various programs, events, camps, and conferences.

On December 19, 2011, the Governor signed Executive Order #54, which requires that all University of Wisconsin System employees must report incidents of child abuse and neglect.  In addition, this policy extends that obligation to volunteers and contractors performing services for UW-Parkside.

86.02 Definitions

     
  1. "Abuse" of a child includes any of the following:  
       
    1. Physical injury inflicted on a child by other than accidental means. "Physical injury" includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe or frequent bruising or great bodily harm.
    2.  
    3. Sexual intercourse or sexual contact with a child under the age of 16 or with a 16 or 17 year-old child without his or her consent.
    4.  
    5. Sexual exploitation of a child. Sexual exploitation of a child occurs when a person employs, uses, persuades, induces, entices, or coerces any child to engage in sexually explicit conduct for the purpose of recording or displaying the conduct or records or displays a child engaged in sexually explicit conduct. Sexual exploitation of a child also occurs when a person produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any recording of a child engaging in sexually explicit conduct.
    6.  
    7. Permitting, allowing or encouraging a child to violate the statute prohibiting prostitution.
    8.  
    9. Causing a child to view or listen to sexual activity for purposes of sexual arousal or sexual gratification.
    10.  
    11. Exposing genitals or pubic area to a child or exposing a child's genitals or pubic area for purposes of sexual arousal or sexual gratification.
    12.  
    13. Manufacturing methamphetamine with a child present, or in a child's home (including the premises of a child's home or in a motor vehicle located on the premises of a child's home), or under any other circumstances in which a reasonable person should have known that the manufacture would be seen, smelled, or heard by a child.
    14.  
    15. Emotional damage for which the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to ameliorate the symptoms.  "Emotional damage" is defined as harm to a child's psychological or intellectual functioning and is evidenced by one or more of the following characteristics exhibited to a severe degree: anxiety, depression, withdrawal; outward aggressive behavior; or a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for the child's age and stage of development.
    16.  
  2.  
  3. "Child" is a person who is less than 18 years of age.
  4.  
  5. "Employee" is any UW-Parkside employee.
  6.  
  7. "Neglect" is failure, refusal or inability on the part of a caregiver, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child.

86.03 Responsibilities

The Dean of Students Office shall act as the Chancellor's designee for coordination of this policy including training and policy updates.

The Office of Diversity and Inclusion as well as UW System Office of General Counsel must be notified immediately upon report if the reported abuse or neglect involves an allegation against a UW-Parkside employee, student, agent, volunteer, or contractor or the suspected child abuse or neglect occurred in or at UW-Parkside facilities or on UW-Parkside land, or the suspected child abuse or neglect occurred during or in connection with a UW-Parkside sponsored activity.

Faculty, staff, volunteers, and employees of contracted services who have regular contact with children shall receive yearly training in the requirements of WI 2011 Executive Order #54, and shall receive certification of their participation.  This training may differ depending upon the type and degree of contact the individual may have with children on campus or other training or education regarding mandatory reporting an individual might receive due to his or her profession.

A UW-Parkside employee who is a mandatory reporter under Wis. Stat. § 48.981(2)(a) shall comply with the requirements of the state mandatory reporter law and shall not be subject to Executive Order #54.

UW-Parkside will cooperate fully and appropriately with any investigation of suspected child abuse and neglect by a local department of social service or law enforcement agency.  The UW-Parkside Police & Public Safety will be the coordinator of such investigations.

UW-Parkside shall ensure that its own policies and procedures for addressing alleged misconduct of faculty, staff, student, volunteer and employees of contracted services include provisions and measures to respond swiftly and appropriately to reports of suspected child abuse and neglect.

No UW-Parkside employee making a report of abuse or neglect in good faith may be discharged from employment, disciplined or otherwise discriminated against in regard to employment, or threatened with any such treatment, because that employee made a report in good faith.

Any UW-Parkside employee who fails to report suspected child abuse or neglect in violation of this policy may be found in violation of an applicable work rule and may be subject to disciplinary action up to and including termination of employment.

Criminal background checks will be performed pursuant to the background check policies for UW-Parkside, and must be conducted on employees, volunteers, and contractors who have regular contact with children in the course of performing duties or services for UW-Parkside or in connection with a UW-Parkside sponsored activity.

All contractual arrangements must require the contractor to supply employees that have passed criminal background checks, if such employees will have regular contact with children.

To the maximum extent feasible, UW-Parkside will include, in all written contracts for the provision of services by independent contractors, an obligation to report incidents of child abuse and neglect. Whenever possible, written contracts shall include the following provision:

If, in the course of providing services to UW-Parkside, the contractor (or its agent or employee) observes an incident of child abuse or neglect, or learns of an incident of child abuse or neglect and the contractor (or its agent or employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, the contractor (or its agent or employee) must make a report of that child abuse or neglect to the UW-Parkside Police & Public Safety as provided in UW-Parkside Administrative Policy #86 Mandatory Reporting of Suspected Child Abuse and Neglect.  If the suspected child abuse or neglect involves UW-Parkside, the contractor (or its agent or employee) shall also report that abuse to the UW-Parkside Office of Diversity and Inclusion.

UW-Parkside employees, volunteers, and contractors will be informed through handbooks, institutional websites, or other appropriate means about:

  1. Executive Order #54;
  2. Institutional policies and procedures;
  3. Contact information for the UW-Parkside Police & Public Safety, Office of Diversity and Inclusion, and Dean of Students.

UW-Parkside will provide and/or post information in appropriate areas to notify children who to contact if they are a victim of child abuse or neglect.

Any documentation related to a UW-Parkside employee or volunteer report of child abuse or neglect will be stored and maintained in a secure location.

86.04 Reporting Requirements

Executive Order #54 requires that University of Wisconsin- Parkside employees make a report of child abuse or neglect immediately if, in the course of employment, a UW-Parkside employee observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the employee has reasonable cause to believe that child abuse or neglect has occurred or will occur.

This policy hereby establishes the requirements that volunteers and contractors performing services for UW-Parkside abide by the same reporting obligations as employees to the maximum extent feasible.

Collecting additional information that is readily available (such as talking to coworkers who also interact with that child) or verifying that the information learned meets the criteria for reporting may be appropriate, but any such action must be conducted promptly.  You should not delay making a report in order to gather evidence; the agency to whom you make the report will determine whether such an investigation is warranted.

A report must be made personally or by telephone to the county department of social services or the county department of human services, or to law enforcement as follows:
UW-Parkside Police and Public Safety, 262-595-2455 (phone), Tallent Hall 188 Kenosha County Department of Human Services, 262-605-6582 (phone), 262-657-7188 (after hours phone), 8600 Sheridan Road Ste 200, Kenosha, WI 53143-6512 Kenosha County Sheriff's Department, 262-605-5100 (phone), 1000 55th Street, Kenosha, WI 53140

When possible, a report of child abuse or neglect should be made to the county where the child or child's family resides.  A state map with county human services contacts is located at: http://dcf.wi.gov/Children/CPS/cpswimap.htm?ref=hp.

Executive Order #54 does not specifically address whether an employee must report information learned about an adult who was the victim of childhood abuse or neglect. Because making such a report may raise issues relating to state and federal law and professional codes of ethics, before making any report involving an adult who was the victim of child abuse or neglect, employees should contact the Dean of Students who will consult with UW System Office of General Counsel.

Child abuse or neglect involving UW-Parkside includes:

  1. An allegation against a UW-Parkside employee, student, agent, volunteer, or contractor, or
  2. The suspected child abuse or neglect occurred in or at UW-Parkside facilities or on UW-Parkside land, or
  3. The suspected child abuse or neglect occurred during or in connection with a UW-Parkside sponsored activity.

If the reported abuse or neglect involves UW-Parkside, the UW-Parkside Police & Public Safety and the reporting employee must immediately notify the Dean of Students and the Office of Diversity and Inclusion.  Any employee may request assistance from his or her supervisor in making this report.  The Dean of Students will consult with the UW-Parkside Police & Public Safety and the UW System Office of General Counsel, if it involves potential criminal conduct or any potential sexual misconduct.

UW-Parkside employees may share information regarding suspected child abuse or neglect only with appropriate individuals, such as the agencies to whom reports are to be made, appropriate University officials, and co-workers when the employee is promptly seeking additional information for a report.  Beyond appropriate disclosures, employees should treat the information as sensitive and confidential.

Questions regarding the applicability of these requirements to a particular individual or situation should be directed to the Dean of Students who shall consult with the UW System Office of General Counsel.

Additional Information is available at the UW System Office of General Counsel web site at: http://www.uwsa.edu/gc-off/child-safety/index.htm.

86.05 Policy Review

The Dean of Students, Police & Public Safety, Office of Diversity and Inclusion, and the Camps and Conference License Coordinator shall review this policy annually.  Recommendations for changes will be forwarded to the Chancellor's Cabinet for approval no later than March 1st.

It should be noted that 2011 Executive Order #54 shall continue in effect until amended, modified, terminated, or rescinded by the Governor, or duplicated, superseded, or terminated by operation of law.

 


           
 

900 Wood Road · P.O. Box 2000 · Kenosha, WI 53141-2000 P 262-595-2345