SPG-1505/BB: Mandatory Reporting - Abuse of a Minor

The Standard Practice Guide 1505/BB is up for a second
review. PCCEA made a formal statement regarding this SPG during its original
review in September. [View September statement]

To read the College's proposed language for the revised SPG-1505/BB, please click here.

Below is a memo PCCEA sent in response to the College's SPG. Greyed language is for suggested deletions, blue language is for suggested additions.

PCCEA Memo

To: Chancellor Flores
From: Ana Jiménez, PCCEA Vice-President
Date: December 9, 2008
RE: Draft SPG 1505/BB: Mandatory Reporting - Abuse of a Minor (second
review)

Thank you for inviting public comment about Pima Community
College's policies, regulations, and practice guides. PCCEA appreciates the
revisions made to the initial BOG Standard Practice Guide SPG-1505/BB:
Mandatory Reporting-Abuse of a Minor.
There remain two monumental concerns regarding the College's proposed Standard Practice Guide ensuring College employees comply with ARS 12-3620: 1) Student age and 2) Communication of Policy.

STUDENT AGE In reviewing the second draft of this policy, the language in paragraph 2 of section 2.1 implies that a College employee should apply a different standard of sensitivity to victims based on the victim's current age. As stated in our review of the initial SPG, College employees typically do not know the age our students; therefore, PCCEA believes it is inappropriate to write policy giving direction based on information not readily available to all College employees. Given the restrictions on which questions can be asked (which do not include clarification of age) it seems prudent only for law enforcement personnel to employ different standards for investigation.

Section 2- Reporting Responsibilities
2.1
(second paragraph) … "In
forming a reasonable belief, a College employee should
use discretion in
asking questions of a victim (or third party) who is 18
years
of age or older. In asking questions of a victim (or third
party)
who is less than 18 years of age,When
discussing the abuse with a victim (or
third party) particular care needs to be taken not to re-traumatize the victim
and/or compromise any criminal investigation. If the College employee
believes the victim (or third party) is may be less than 18 years of age,
College employees should either it
is preferred that the College employee not ask any questions of the person victim. Any
questions asked of the victim should be limited to only, or should limit questions to the
following: what happened?; who did it?; and where were you when it
happened?”

COMMUNICATION OF POLICY
PCCEA would again like to express our obligation to ensure that students be informed in advance about the legal requirement that College employees bear in reporting to law enforcement any past or present abuse of a minor. PCCEA appreciates the College's commitment to developing language for informed consent; however, to strengthen the importance of this statement, PCCEA requests that an additional section be added to this SPG to mirror language already in place under SPG-1501/AD: ADA & Equal Opportunity, Reasonable Accommodation Guideline for Students. Please see suggestions below.

Section 4 - Other Considerations
4.1 Faculty Responsibilities:
4.1.1 Each syllabus will include a statement notifying individuals about the “Mandatory Reporting of Abuse of a Minor” state statute and PCC SPG.
For example: "Pima Community College complies
with Arizona State Statues pertaining to immediate reporting of abuse of a minor. Abuse is defined as sexual, physical or neglect, and a minor is defined as a person under age 18 (ARS 13-3620). Students who disclose abuse of a minor, either personally experienced as a minor anytime in the past or present, or that of another minor, to any College employee legally requires that employee to file an immediate report to PCC DPS”. (PCC SPG-1505-/BB).
4.2. Training
4.2.1 All College employees will participate in training as coordinated by PCC DPS. New employees will complete training as part of their new employee orientation.
4.2.2 A mandatory training session for all campus personnel will be scheduled annually as needed for updates.
4.2.3 Faculty, staff, and administrators will be expected to participate in scheduled training sessions provided by PCC DPS and updates as required.
4.3. Communication
Information pertaining to SPG-1505-/BB and ARS 13-3620
will be publicized and made known on all campuses and to all students. Brochures and other types of materials will be developed to explain student rights and to explain College policies and procedures for mandatory reporting. Copies of these Guidelines are available on the web at: http://www.pima.edu/policies/standardguidelines/SPG-1505-BB.shtml and printed copies may be obtained from PCC DPS.

Similar language appears in SPG-1501/AD and demonstrates a strong commitment to students, employees, and the community we serve.

To add your own comment or view other comments, click the "comments" link below.

Be sure to formally submit your comments to the College by visiting the official Draft Policy Website: http://www.pima.edu/policies/drafts.shtml