SEXUAL MISCONDUCT POLICY

Appendix A to Hobart and William Smith Colleges Sexual Misconduct Policy

Mandatory Child Abuse Reporting

All members of the Colleges community have a duty to immediately report suspected abuse, neglect, or sexual harassment of a minor (a person under the age of 18) when either of the following provides reasonable cause to suspect such abuse:

  • information shared by the minor or any other individual; or
  • personal observations or knowledge

The duty to report is triggered by reasonable suspicion or belief. There is no requirement that there be actual evidence of abuse, nor should any individual seek to investigate the matter before reporting. Any doubt as to whether or not to report should be resolved in favor of making the report to ensure that the appropriate professionals in child protective services can assess the report and evaluate the safety of the minor.

Abuse or maltreatment means that the parent or caregiver directly harms the child or acts in a way that allows the child to be physically or emotionally harmed or sexually abused. The duty to report exists regardless of whether or not the suspected perpetrator is a member of the HWS community and regardless of the specific role he/she occupies in the minor's life.

Under this policy, any HWS community member (faculty, staff, students, volunteers) suspecting abuse of a minor is required to bring all reasonable suspicions or beliefs to the immediate attention of any of the following individuals:

  • Campus Safety: 315.781.3333 or 315.781.3000
  • Title IX Coordinator: 315.781.3922

The individual making a report to the above administrators will include all known information regarding the suspected abuse or neglect, including name of the victim, name of the alleged perpetrator, and the date(s), location and nature of the suspected abuse. The individual receiving the report, along with the individual making a report, will make an immediate report to the New York Statewide Central Register of Child Abuse and Maltreatment (sometimes referred to as the State Central Register or SCR) at:

Child Abuse Hotline Number
1-800-342-3720

The community member who made the report and administrator who received the report will coordinate to submit a written report to Ontario County Child Protective Services, or appropriate child protective services agency, within 48 hours of the oral report. The written report form (Child Protective Services form LDSS-2221A) is available at the New York State Office of Children and Family Services website (click on Forms and then Child Protective Services to access LDSS-2221A). A reporting individual can also obtain the form from the Colleges’ Director of Campus Safety. The completed form must be mailed or delivered to Ontario County Department of Social Services’ Child Protective Services unit at 3010 County Complex Drive, Canandaigua, New York 14424-1296.

The administrator who received the report will also immediately notify the President’s Chief of Staff of the report.

New York’s child abuse reporting law requires certain professionals to file a report of suspected child abuse and maltreatment. The following types of professionals who work for or with the Colleges are required to make these reports: any physician; registered physician assistant; psychologist; registered nurse; social worker; emergency medical technician; licensed mental health counselor; licensed psychoanalyst; director of a children’s overnight camp or summer day camp; mental health professional; substance abuse counselor; alcoholism counselor; and all persons credentialed by the Office of Alcoholism and Substance Abuse Services. This Policy should not be relied upon alone to determine mandatory reporting obligations. Individuals should be aware based upon their role and credentials whether mandatory reporting obligations exist. Any questions should be directed to the supervisor responsible for overseeing the functions or role giving rise to the obligation. In most cases, this will be an employee’s supervisor.

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Geneva, NY 14456
(315) 781-3000

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