REVISED

M E M O R A N D U M

								December 17, 2012

TO:	Members of the Board of Trustees

FROM:	Nancy L. Zimpher, Chancellor

SUBJECT:	Mandatory Reporting and Prevention of Child Sexual Abuse

Action Requested
      The proposed resolution adopts a new policy for the mandatory reporting by employees, students and volunteers of the State University of New York of incidents of child sexual abuse and to aid in the prevention of such incidents on University property or at University sponsored events. 
Resolution 
      I recommend that the Board of Trustees adopt the following resolution:
Whereas recent events have placed renewed attention on the need for all universities to take steps to prevent child sexual abuse at events occurring on campus property and during university-sponsored events; and 
Whereas legislation which would have addressed such concerns at the State level was proposed but not enacted during the 2011-2012 legislative session; and
Whereas it is desirable for the State University to adopt a policy to protect potential victims of child sexual abuse during activities that occur on State University property, during events sponsored by the University or in the conduct of University business; and
Whereas, this Board wishes to reaffirm the general moral responsibility of all members of the public to report wrongdoing to appropriate authorities without fear of retaliation; now, therefore, be it 

Resolved that the Policy on Mandatory Reporting and Prevention of Child Sexual Abuse, copy of which is attached hereto, be, and the same hereby is, approved; and, be it further 
Resolved that each State–operated campus of the State University of New York is directed to adopt any and all necessary and appropriate local procedures to implement the attached Policy, which procedures will contain non-retaliation provisions, protecting those who make reports from fear of retribution, and steps to ensure employees and students receive necessary training; and, be it further

Resolved that the community colleges operating under the program of the State University of New York are encouraged to adopt policies and procedures consistent with the attached Policy.

Background

	As a result of the Penn State scandal and reportedly similar types of events at Syracuse University in late 2011, SUNY developed a draft policy on mandatory reporting of child sexual abuse incidents, and worked with the Governor’s Office on and supported a legislative proposal which would have made reporting to law enforcement of incidents of child sexual abuse occurring on college campuses in New York State mandatory by employees, students and volunteers of institutions of higher education. Current law does not contain such a mandatory reporting obligation, except with respect to certain limited professional categories.  The draft bill would also have made willful failure to report subject to criminal penalties. This proposal was not enacted in the 2011-2012 legislative session, but may be introduced again next session. 

	In the meantime and consistent with recommendations of the Freeh Report or Special Investigative Counsel investigation into circumstances surrounding the criminal charges of sexual abuse of minors in or on Penn State facilities, there is a desire to adopt a policy for the State University of New York that will mandate reporting of incidents of child sexual abuse and require certain other steps in order to prevent such incidents on SUNY campuses or at SUNY events. Campuses of the State University will be directed to adopt local procedures to implement the Policy. The key elements of the Policy are (1) to mandate reporting, without fear of retaliation, by employees, students and volunteers of the University  to University Police Departments when there is reasonable suspicion to believe child sexual abuse has occurred on University property or during University-sponsored events or business, (2) to provide employee and student training, and (3) to ensure that vendors and others using University facilities where children will be present have procedures in place aimed at preventing child sexual abuse. 

Attachment		
Board Resolution0-2-0December 17, 2012