Protection of Children

Last Updated 08/03
Applies to Administrators, Faculty, Staff, and Students

Policy

Purpose

The purpose of this policy is to ensure the fulfillment of our moral obligation to protect minor children as vulnerable members of society and the obligation that is mandated by Indiana law. Specifically, this policy addresses the abuse of minor children.

Definition of Abuse

Abuse of a minor child includes serious endangerment of a child’s physical or mental health due to injury by act or omission, including acts of sexual abuse. Sexual abuse includes contacts or interactions between a child and an adult when the child is being used as an object of sexual gratification for the adult. A child is abused whether or not this activity involves explicit force, whether or not it involves genital or physical contact, whether or not it is initiated by the child, and whether or not there is discernible harmful outcome.

Procedures

Indiana law requires anyone who has reason to believe that a child has been abused or neglected to report the abuse or neglect. Additional obligations are imposed upon institutions such as the University. In order to meet the reporting obligation, as well as to provide appropriate protection to children, this policy applies to abuse that allegedly occurs on our campus, on property owned or leased by the University, or while members of the faculty, staff or student body are participating in a University connected activity off campus.

A. A minor and/or his or her parents or guardians or anyone external to the
University who has knowledge about the abuse of a minor which occurred on University property or which involved a University employee or student during the course of a University connected activity off campus, is urged to report the alleged abuse to the Director, Dean or Vice President in charge of the program in which the minor is involved or to anyone else at the University with whom the reporting person feels comfortable speaking. University employees or students who receive such reports should proceed as outlined in paragraphs B, C and D.

B. A University employee who has reason to believe that a minor has been abused on our campus, on property owned or leased by the University, or while members of the faculty, staff or student body are participating in a University connected activity off campus or who has received a report of such alleged abuse must report this information to either 1) his or her supervisor or the Director, Dean or Vice President in charge of his or her department; or 2) if the report involves another employee, the direct supervisor of the alleged abuser or the Director, Dean or Vice President in charge of the alleged abuser’s department; or 3) if the report involves a student, to the Vice President for Student Affairs.

C. A University student who has reason to believe that a minor has been abused on our campus, on property owned or leased by the University, or while members of the faculty, staff or student body are participating in a University connected activity off campus or who has received a report of such alleged abuse must report this information to either 1) his or her rector or the Vice President for Student Affairs or 2) if the report involves an employee, the direct supervisor of the alleged abuser or the Director, Dean or Vice President in charge of the alleged abuser’s department.

D. In all situations, those who receive a report of abuse must immediately report the allegation to the Vice President and General Counsel.

E. The Vice President and General Counsel in conjunction with the Provost’s office, the Office of Human Resources or the Office of Student Affairs shall develop written procedures for handling the investigation of allegations of abuse, for reporting it to the authorities if appropriate, and for resolving the situation including imposition of sanctions if appropriate. Such written procedures will be published in the University staff, employee and student handbooks.

F. If there is a finding that the alleged abuse occurred, the University will assist the victim in obtaining appropriate counseling for the victim and members of the victim’s family if appropriate.

Advisory Board for Cases Involving Abuse

A. The President of the University shall appoint an advisory board to review the investigation of any allegations of abuse involving minors and to review the sanctions, if any, imposed on the alleged abuser.

1. The advisory board shall include three persons who are independent from the University and who will serve without remuneration for their service.
2. If the advisory board is dissatisfied with the University’s investigation or the sanctions, if any, imposed as a result of the investigation, it may conduct its own investigation or hire a law firm, at the expense of the University, to conduct an investigation for them.
3. If the advisory board believes that the findings of the University are
   incorrect in that there should have been a finding that abuse occurred or believes that the sanction imposed is insufficient, they shall have the opportunity to discuss the case with the President of the University and the General Counsel. If the President is alleged to have been involved in the abuse, the executive committee of the Board of Trustees shall review the case and meet with the advisory board before making the final decision in the case as to the appropriate resolution

Procedures for Handling Allegations of Child Abuse

In the event that the General Counsel’s Office receives a report of alleged abuse of a
minor by a member of the University staff, faculty or student body, the General Counsel shall take the following action:

A. If the abuse happened on campus or on property owned or leased by the
University or off campus while a member of the University staff, faculty or
student body was participating in a University connected activity, the General
Counsel shall:

1. Notify the President of the University.
2. If the parents or guardians of the victim have not been involved in the
   reporting and are not the alleged abusers, notify the parents or guardians of the minor involved.
3. If the alleged abuser is a faculty member, notify the Provost of the
   allegations.
4. If the alleged abuser or the victim is a student, notify the Vice President of Student Affairs.
5. If the alleged abuser is a staff member, notify the Executive Vice President of the University and the Associate Vice President of Human Resources.
6. If the alleged abuser is a member of a religious order, notify the Provincial or head of the order.
7. Notify the Sheriff’s office or appropriate agency at such time as the General Counsel receives an allegation of abuse as defined by the
   University’s Policy For The Protection of Children.
8. If appropriate, conduct an investigation in conjunction with the Office of Human Resources, the Provost’s office or the Office of Residence Life, depending on whether the alleged abuser is a member of the staff, faculty or student body. The investigation may include interviews of the reporting party, the victim, the alleged abuser, and any person(s) whom the reporting party, the victim, the victim’s parents or guardians, or the alleged abuser believe have relevant information.
9. Report the findings of the investigation to the Vice President in charge of the department where the alleged abuser is employed if the alleged abuser is a staff member, to the Provost if the alleged abuser is a faculty member, or to the Vice President for Student Affairs if the alleged abuser is a student, along with a recommendation as to any sanction which should be imposed, up to and including dismissal.

a.) If the alleged abuser is a staff member, the Vice President in charge of the department where the alleged abuser is employed in conjunction with Human Resources shall make the final decision as to the sanction, if any. The decision may be appealed by the alleged abuser to the Executive Vice President according to the University appeal procedures.

b.) If the alleged abuser is a faculty member, the Provost shall make the final decision as to the sanction, if any. If the proposed sanction constitutes a “severe sanction” or dismissal, the Provost proceed according to Article III Section 6 of the Academic Articles. If the sanction imposed is less than a "severe sanction: or dismissal, the faculty member may file an appeal under the Faculty Grievance Procedures as described in Article III Section 9 of the Academic Articles.

c.) If the alleged abuser is a student, the Vice President of Student Affairs shall make the final decision as to the sanction, if any. The sanction may be appealed to the President of the University.

d.) If the alleged abuser is an officer of the University, the President of the University shall make the final decision as to the sanction, if any. If the alleged abuser is the President of the University, the Executive Committee of the Board shall make the final decision as
to the sanction, if any.

B. An employee may be immediately suspended with pay pending the outcome of the investigation if the appropriate officer believes that the
circumstances justify such suspension. A faculty member may be suspended only by the President in accordance with Article III Section 6 of the Academic Articles. A student may be suspended according to the procedures outlined in the University Disciplinary Procedures of du Lac in paragraph 2 under Other Actions.

C. If the alleged abuser is not employed by or enrolled as a student of the University but the alleged abuse happened on campus or on property owned or leased by the University, in addition to the above procedures, the Vice President and General Counsel:

1. May request that a “no trespass” letter be sent to the alleged abuser pending the outcome of the investigation.
2. May, if the alleged abuser is present on the campus as a result of working for someone or some entity with authorization to be on campus, notify that person or entity of the allegations.
3. Must, if the investigation confirms that the abuse occurred, request that a permanent “no trespass” letter be sent and notify the person or entity with whom the alleged abuser is employed of the results of the investigation and the permanent ban of the alleged abuser from campus.

D. The General Counsel shall send a report of each allegation to the advisory board along with a summary of the investigation conducted, the findings and the sanctions, if any, that are imposed.

Send us your comments and questions.