UNDERSTANDING YOUR RESPONSIBILITIES AS A COLLEGE

EMPLOYEE

Minors at Mt. SAC

CAROLYN KEYS DEAN OF STUDENT SERVICES

SANDY SAMPLES, RNDIRECTOR OF HEALTH SERVICES

LIVIER MARTINEZ, LCSWLICENSED CLINICAL SOCIAL WORKER

LORRAINE WILLIAMS, M.S.W.MANAGER OF CALWORKS AND CARE

Your Presenters

Topics Covered

Admissions of MinorsFERPAClassroom Issues Discipline and removal from the classroom Injuries and Illnesses Field Trips & DisastersChild Abuse and Neglect Definition Mandated Reports Filing a Report Consequences of Failing to File a ReportConclusion Related Websites FAQs

Admission of Minors

Our admissions policy allows minors to attend Mt. SAC if they meet one of the following criteria:

- Under the age of 18 years old but have graduated high school. -Concurrently enrolled in 11-12 grade without a high school diploma, but can benefit from advanced scholastic or vocational studies. These students are enrolled through our “Special Admit Program.”

THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT PROTECTS THE PRIVACY OF STUDENT EDUCATIONAL RECORDS.THE “DISCLOSURE TO PARENTS” SECTION STATES THAT “ WHEN A STUDENT TURNS 18 YEARS OLD OR ENTERS A POSTSECONDARY INSTITUTION AT ANY AGE, ALL RIGHTS AFFORDED TO PARENTS UNDER FERPA TRANSFER TO THE STUDENT” .

FERPA

H O W E V E R , F E R PA A L S O P R OV I D E S WAY S I N W H I C H S C H O O L S M AY S H A R E I N F O R M AT I O N W I T H PA R E N T S W I T H O U T T H E S T U D E N T ’ S C O N S E N T:

•W H E N T H E S T U D E N T I S A D E P E N D E N T F O R I N C O M E TA X P U R P O S E S.•I F A H E A LT H O R S A F E T Y E M E R G E N C Y I N VO LV E S T H E I R S O N O R D A U G H T E R .•I F T H E S T U D E N T I S U N D E R A G E 2 1 A N D H A S V I O L AT E D A N Y L AW O R P O L I C Y C O N C E R N I N G T H E U S E , O R P O SS E SSI O N, O F A L C O H O L O R A C O N T R O L L E D S U B STA N C E .

F O R M O R E I N F O R M AT I O N G O T O W W W. E D. G OV.

FERPA cont.

•DISCIPLINE AND REMOVAL FROM THE CLASSROOM•INJURIES AND ILLNESSES•FIELD TRIPS AND DISASTERS

Classroom Issues

Discipline and Removal From the Classroom

Education Code 76032 allows any instructor to remove a student from his or her class for the day of the removal and next class meeting. This removal should be reported to the Director, Student Life. The Director, Student Life can impose further disciplinary action.

When minors are removed from the class, the Director, Student Life shall ask the parent or guardian of the student to attend a parent conference regarding the removal.

Injuries and Illnesses

1. 911 and Public Safety should be called in cases where a threat to life or limb is present.2. In a life-threatening situation, consent is “implied” and treatment should never be delayed or withheld.3. Attempt to notify parents as soon as possible is required and usually done by emergency personnel.

FIRST AID

Call Public Safety for assistance, ext. 4555.Attempt to control bleeding and immobilize

injured parts until help arrives. First aid kits are located throughout campus. Be

familiar with the location of kits in the area that you are assigned.

If a kit is not available use clean cloths (such as T-shirts), and direct pressure, to stop bleeding. Any plastic bag can be used in lieu of gloves to protect yourself from exposure to blood.

Keep the injured individual as calm as possible until help arrives.

Field Trips and Disasters

1. 911 should be called if a life-threatening emergency occurs.

2. In the event of a disaster, keep the minor with you until parental contact is made or authorities assume custody.

3. Appropriate consents to attend field trips, including consent for first aid and medical treatment, should be obtained prior to the field trip. Forms are available at www.insidemtsac.edu/administrative forms/administrative forms

Child Abuse and Neglect

•DEFINITION•DIFFERENT KINDS OF ABUSE•WHO ARE MANDATED REPORTERS•DO I HAVE TO REPORT?•HOW DO I MAKE A CHILD ABUSE REPORT?•IMMUNITY•CONFIDENTIALITY•LIABILITY•CONSULTATION

Definition

The Penal Code (P.C.) defines child abuse as:

“a physical injury inflicted by other than accidental means on a child by another person.”

Child abuse does not include a “mutual affray between minors,” “reasonable and necessary force used by a peace officer” under specified circumstances, or spanking that is reasonable and age appropriate and does not expose the child to risk of serious injury.

(P.C. 11165.6, Welfare and Institutions Code (W&IC) Section 300.)

Different kinds of Abuse

Physical injury other than accidentalWillful infliction of cruel or inhuman corporal

punishmentSexual abuse including sexual assault and

sexual exploitationNeglect or failure to provide basic necessities

of life (adequate food, clothing, shelter, medical care)

Verbal abuse by excessive yelling, belittling and teasing

Who are mandated reporters?

Penal Code 11165.7 defines “mandated reporters” as (partial list):School Officials and Educators- public, classified or private: teachers (faculty and academic counselors), instructional aides or assistants, administrative officers, school police, administrator or employee of county office of education or the California Dept. of EducationMedical, Dental and Hospital Personnel-

physicians, surgeons, licensed nurses, chiropractors, dentists, residents, interns, emergency medical technicians I/II, paramedics

Who are mandated reporters?

Mental Health Professionals and Counselors- psychiatrists, psychologists, social workers and marriage and family counselor trainees, licensed and unlicensed, and psychological assistants

Child-Care provides- public or private: administrators, employees of any youth center, youth recreational program, youth organization, licensed community care or child day care facility

Others: clergy, commercial film and photographic print processors, law enforcement and social service personnel

Do I Have to Report?

A mandated reporter is required to report child abuse when :

“… in his or her professional capacity, or within the scope of his or her employment has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect.” Call the child abuse hotline if you are unsure if you should report.

How do I make a child abuse report?

A mandated reporter must make a report as soon as

possible by telephone to a child protective agency or

police (not our campus Public Safety Office) followed by a written report 36 hours after learning of incident.

The following steps will guide in making and filing a child

abuse report.

Making a child abuse report

1. Identify the county where the alleged abuse occurred.

 2. The caller will need to have the following information ready:

Your name and titleName of victim, caregivers, and, if known, siblings

and others in the home or at the locationPresent location of victim and perpetratorNature and extent of injuriesInformation that led reporter to suspect child

abuse3. Document the date, time, name of the person

taking your information, and the case reference number.

4. The appropriate county Child Abuse Hotline will be called, and a “case reference number” will be obtained. Los Angeles County 1-800-540-4000Riverside County 1-800-442-4918San Bernardino County 1-800-827-8724Orange County 1-800-207-4464

5. Within 36 hours of learning of incident, the reporter will file a written report by completing a “Suspected Child Abuse Report” (SS 8572) and mailing it to the appropriate county agency. This form is available in Public Safety, Student Health Services and the Child Development Center or online (see related links).

6. Write the case reference number on the top margin of the SS8572 reporting form.

7. Submit online or mail the completed form to appropriate county agency.

Immunity

Mandated reporters are immune from criminal or civil liability for any report required under the child abuse reporting law. P.C. 11172[a].

Any person who makes a false report, and it is proven that the person either knew or should have known the report was false or made it with reckless disregard of its truth or falsity, is not covered by immunity.

Confidentiality

The identity of mandated reporters is confidential and may only be disclosed to specified people and agencies. P.C. 11167[d][1]

Liability

A mandated reporter who fails to make a required report of child abuse is guilty of a misdemeanor punishable by up to six months in jail and/or by $1,000 fine. Additional liability may be imposed if further abuse occurs because of failure to report. (Landeros v. Flood[1976] 17 Cal.3d 399.)

Please reference College Board Policy 3518, and Administrative Policy 3518 for additional guidance.

Conclusion

Reporting child abuse is not a comfortable process.

YOU ARE NOT ALONE! If you have questions or concerns,

use the resources at your disposal. Call to consult, clarify, or to

obtain further guidance.Student Health Services, ext. 4400Public Safety, ext. 4555Child Development Center, ext. 4920Child Protective Service agencies (refer to list)Local law enforcement –

Walnut Sheriff’s Department 909/595-2264

Related Websites

www.leginfo.ca.gov (Penal code)

www.ed.gov (FERPA)

www.cccco.edu/chancellorsoffice/divisions/legal/legalopinion L 02-03 (Legal Opinion)

www.inside.mtsac.edu/forms click on administrative forms, Student Travel and Medical Release

www.safestate.org Suspected Child Abuse Reporting Form

http://ag.ca.gov/childabuse/pdf/ss_8572.pdf

FAQs

Q: In case of a campus disaster are we required to keep minor students with us?

A: In a major campus disaster it is reasonable to keep a minor student with you. While this is not required it would be reasonable to do so until the appropriate person assumes responsibility.

Q: If a minor student submits a written assignment indicating personal details about abuse, do I have to report it?

A: Call and consult with the Child Protective Service Agency

Q: Am I required to report suspected child abuse? A: Yes, you must report it if you suspect it. It may feel

uncomfortable, but it is necessary. If you suspect other incidences of child abuse, call and consult with Child Protective Services.

FAQs

Q: Does FERPA require that I release educational information to a parent if the minor is a dependent for income tax purposes?

A: No, you are not required to release educational information to the parent, but you should direct the parent to the administrator who is responsible for student educational records. The administrator can investigate and determine if the parent has a right to access the records under FERPA.

Q: Am I responsible for a minor if they are left alone on campus or in the library?

A: No you are under no obligation, however, you may contact Public Safety to inform them of the situation.