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• Section 1: Developing Policies and Procedures for Child Protection

Youth serving organizations come in many shapes and sizes – public and private schools, Boys and Girls Clubs, Scouts, mentoring programs, YMCAs, after school programs, child care centers, municipal sports organizations, Big Brothers and Big Sisters, day and overnight camps, and studios and clubs for dance, arts and crafts, drama, music, acrobatics, and the martial arts to name a few. No matter how large or small, or the services they provide, all YSOs have at least one thing in common – they want to keep their children and youth safe from harm. An organization’s policies and procedures for child safety and abuse prevention are the backbone of its efforts to protect children and youth, and provide an overarching framework that should present, first and foremost, its commitment to the safety and well-being of the children and youth entrusted to its care. It is upon this foundation that all other elements will rest, and from which the safety components and strategies described throughout this report will draw their meaning and credibility.

Child protection policies must be developed with the organization’s mission and circumstances in mind. For example, an organization that provides youth mentoring may need to adopt prevention strategies for one-on-one activities between youth and staff/volunteers that would differ from those adopted for team sports activities in which most activities take place in a group. Similarly, prevention strategies for a studio with a single, storefront location will likely differ from those of a statewide agency with multiple dedicated sites and scores of programs. Well-written policies, procedures and/or guidelines provide the means for any YSO to clearly express, in a public way, a commitment to its parents, to its community and to the children and youth it serves by outlining the steps it takes to protect children and youth from sexual and other forms of abuse; the type of environment it strives to build and maintain; and the safeguards it employs to ensure that all staff, employees and volunteers are properly vetted and trained to recognize and respond to inappropriate and/or harmful behaviors. Thus, effective policies focus both on the creation and maintenance of safe, preventive environments for children and youth, as well as on the responsible management of incidents or alleged incidents of abuse.

Policies for Massachusetts YSOs should clearly identify the duties and responsibilities of all staff, reflect both Federal and Massachusetts abuse reporting laws, provide direction to employees, staff, and volunteers who wish to make a report, and define the internal mechanisms to be followed when a case of child abuse or neglect is suspected and/or being reported. When a crisis occurs, having a clearly defined and recognized set of policies and procedures will make the process of reporting go more smoothly, thus helping to reduce the anxiety and reluctance of staff, and protecting the children and youth more effectively. The figure below 1 illustrates the values that should guide the creation of a child protection policy.

Values that Guide a Child Protection Policy

The best interests of the child are primary

All children, girls and boys, of all abilities and backgrounds have equal rights to safety in all settings and locations.

Violence and abuse against children are never acceptable in any form, location or setting.

Children are vulnerable to violence and abuse due to their size, age, physical and psychological maturity, dependence and lack of power. While all children may be vulnerable, in some settings, some children may have a heightened risk of abuse and violence.

Violence against children has damaging and often long-lasting repercussions for children, their families and their communities.

All organizations and adults are responsible to provide safety for the children in their care.

The Centers for Disease Control (CDC) 2 also suggests that implementing a child sexual abuse prevention policy and making the changes necessary to protect youth from child sexual abuse in organizations are not easy tasks, but that organizations should take on as many individual strategies to prevent child sexual abuse as they can. They also offer several steps for organizations to take to effectively create, implement and measure their child sexual abuse prevention strategies (See Appendix 7 for more detail).

The Task Force suggests that the attitudes of leadership towards abuse prevention policies can and will have a direct effect on how the policies are viewed by the YSO as a whole – particularly if the policies are being implemented for the first time. Introducing any kind of change in an organization’s way of doing business – particularly one that is trying to effect behavioral change in its managers, staff, volunteers and clients – is more of a process than a single event, and that process takes place over time and requires buy-in from the people whom the policy affects (See more on this in the section on Implementation and Oversight ). Strong leadership within the YSO that emphasizes regularly the importance of child abuse prevention can help make some of the challenges more manageable. Leadership must make the case for the policy and then either lead and coordinate the effort – or delegate it to an individual or a small internal group who will be responsible for its creation and implementation. In the latter case, it is critical that YSO leadership remains involved, visible and engaged on a regular basis to reinforce their commitment to the effort and its goals.

Development and implementation of a policy is best done as a collaborative effort. A policy will be effective only if people are aware of it, feel some sense of ownership towards it, and have the opportunity to express their views on how it will, should, or will not work. Thus, whether creating a set of child safety policies for the first time, or reviewing and updating one that already exists, input from a range of stakeholders is important to consider. Managers, front-line staff, volunteers, parents, children and youth representatives can be invited to participate as an internal “consulting team” and will have a range of experiences to offer. Consultation with local social service agencies, law enforcement, legal counsel, risk managers, faith-based groups, and other YSOs that have already enacted child safety policies can offer professional expertise and experience with policy development and implementation that can help to avoid pitfalls and move the process along more efficiently.

Once the team is formed, YSO leadership and the consulting team can use the sections of this report and the sample policies, mission statements, codes of conduct, procedural guidance and other documents provided to construct a draft document for the group to consider. There is no one size or form that is better than any other. If the “master” document gets large, YSOs can extract and consolidate the most important points into a set of “abbreviated” policies or “pocket version” policies that address specific populations like volunteers and other “front-line” staff who may be less concerned with the legal, managerial and supervisory aspects of the policies than with issues like “What is child abuse?”; “How can I recognize it?”; and “What am I supposed to do, and who am I supposed to tell if I see it?”

Once the policy is drafted, it can be sent around for internal and external review, and the consultant team can be convened to present their opinions, reactions, and suggestions. If there are differing views expressed at the consultations, document how leadership determined what would be included in the policy and why. The document can then be revised and sent to all stakeholders for review and comment. Provide a date for comment and allow enough time for people to provide them. Then review the comments and finalize the policy. Have the policy approved by the organization’s governing body and make it publicly available (e.g. by distributing it, posting it on bulletin boards, putting it online, making copies available, etc.).  Implement the policy and set a future review date. Policies should be considered “living” rather than static documents. They should be reviewed (and updated if necessary) every two to three years to see what is working, what isn’t working as expected, and what aspects might need to be strengthened. Between publication and review, think about the kinds of information and data that should be collected that will help answer these questions (See section on Analysis, Review and Self-Audit ).

An effective set of abuse policies for youth-serving organizations should:

• Clearly establish leadership’s commitment to building and maintaining an environment and culture in which children and youth are safe and their best interests are primary.
• Codify the safety framework of the organization.
• Communicate to all managers, supervisors, employees, and volunteers (and have them acknowledge) their legal and ethical obligations to protect children and youth from harm, abuse and exploitation.
• Include step-by-step instructions with a flow chart including names, telephone numbers, the sequence of events, and the information needed, with a report form attached. Also identify the emergency, after-hours procedures for reporting (See Appendix 11 for Samples).
• Identify who in the YSO is expected/required to report and in what timeframes.
• Ensure that parents and children/youth are also aware of the protocol and know whom to contact and how.
• Clearly describe the investigation process that takes place when an allegation of child abuse or neglect is made.
• Announce and detail the existence of pre-employment/volunteer screening and background check procedures as mandatory.
• Ensure that training includes instruction for a trauma-informed, victim-centered response to all children and youth who disclose incidents of child sexual abuse.
• Establish the procedures and standards for physical access to, and for the safety and maintenance of the organization’s buildings and grounds.
• Outline responsibilities for monitoring behaviors and define the lines of communication and reporting when problematic behaviors are suspected, observed, or disclosed.
• Identify the tools and ongoing requirements for record-keeping, information security, measurement, self-audit, periodic assessment, and continuous improvement of child safety policies and procedures.
• Identify plans and requirements for both internal and external communication and partnerships.
• Introduce child protection organizational values and Policies and Procedures with all new staff upon hire as part of staff orientation, and review and update this information with all staff on an annual basis.

Each of these points will be discussed in more detail in the sections below. It is important to remember that a set of child safety policies and procedures sets the standard for each individual and for the YSO as a whole. Whether a YSO is evaluating an existing policy or creating a new one, a convenient Child Sexual Abuse Prevention (CSA) Evaluation Tool for Organizations 3 is provided below. The complete evaluation tool is provided in the Resources section. Also, see Appendix 7 for a listing of sample and model policies from both small and large YSOs.

1 T en Steps to Creating Safe Environments for Children and Youth: A Risk Management Road Map to Prevent Violence & Abuse. Canadian Red Cross.

2 Paul J, Audage NC. Preventing Child Sexual Abuse Within Youth-serving Organizations: Getting Started on Policies and Procedures. Atlanta (GA): Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; 2007.

3 Wurtele, Sandy K. (2014). CSA Prevention Evaluation Tool for Organizations: Child Protection Policies and Procedures . Reproduced with author’s permission ( http://www.canconferenceuofm.org/wp-content/uploads/handouts/2015-can-conference-uofm-D-6-Wurtele.pdf ).

Page 15 of 55

• Acknowledgements
• Executive Summary
• What Is Child Abuse & Neglect
• Recognizing Abuse & Its Effects
• Other Warning Signs
• Long Term Effects
• How to Read This Report
• Mission & Purpose of Taskforce
• A Brief History of How the Taskforce Was Organized
• The Charge of the Legislative Language
• Section 2: Screening and Background Checks for Selecting Employees and Volunteers
• Section 3: Code of Conduct and Monitoring
• Section 4: Ensuring Safe Physical Environments and Safe Technology
• Section 5: Recognizing, Responding to, and Reporting Allegations and Suspicions of Child Sexual Abuse
• Section 6: Training About Child Sexual Abuse Prevention
• Implementation and Oversight
• Communication
• Analysis, Review/Self-Audit: Measuring Progress and Sustaining Outcomes
• Community Partnerships
• Community Based Outreach
• Accessibility of the Report
• Statewide Child Abuse Prevention Training for YSOs
• Incentivization and Accreditation
• Public Awareness Campaign
• Sustainability Issues
• Outstanding Issues
• Legislative Recommendations
• Definitions, Acronyms, Glossary
• Legislative Mandate
• Taskforce Committees and Membership
• Guest Presenters
• Schedule of Meetings
• Child Sexual Abuse (CSA)Prevention Evaluation Tool for Organizations
• Sample Self-Audit Form for YSOs
• Sample Child Safety Incident After-Action Report
• YSO Pledge for Child Safety
• Reporting Child Abuse and Neglect
• Massachusetts Prevention, Assessment, Treatment and Reporting Resources
• Policies and Procedures
• Screening, Hiring and Licensing
• Code of Conduct and Monitoring
• Ensuring Safe Physical Environments and Safe Technology
• Recognizing, Responding to, and Reporting Allegations and Suspicions
• Training about Child Sexual Abuse Prevention
• Downloadable Resources

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DepEd Policies and Child Protection Related Laws

Compilation of deped policies related to child protection.

• D.O. no.3, s.2021: Creation of the Child Protection Unit and the Child Rights in Education Desk in the Department of Education
• D.O. no.57 s.2017: Policy on the Protection of Children in Armed Conflict
• D.O. no.18, s.2015: DepEd Guidelines and Procedures on the Management of Children-At-Risk (CAR) and Children in Conflict with the Law (CICL)
• D.O. no.55, s.2013: Implementing Rules and Regulations (IRR) of Republic Act (RA) no. 10627 otherwise known as the Anti-Bullying Act of 2013
• D.O. no.40, s.2012: DepEd Child Protection Policy
• D.O. no.49, s.2006: Revised Rules of Procedure of the Department of Education in Administrative Cases

Compendium of Laws

• 1987 Constitution of the Philippines
• Republic Act No. 386 - New Civil Code of the Philippines
• Executive Order No. 209 - Family Code of the Philippines
• Act No. 3815 - Revised Penal Code
• Presidential Decree No. 603 - Child Youth and Welfare Code
• Republic Act No. 9344 - As amended Juvenile Justice and Welfare Act as amended by R.A 10630
• Republic Act No. 10627 - Anti Bullying Act
• Republic Act No. 9262 - Anti Violence Against Women and Children Act
• Republic Act No. 9775 - Anti Child Pornography Act (repealed by R.A. No. 11930)
• Republic Act No. 11930 - Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials
• Republic Act No. 11862 - Expanded Anti-Trafficking in Persons Act of 2022
• Republic Act No. 11648 - An Act Providing for Stronger Protection Against Rape and Sexual Exploitation and Abuse, Increasing the Age for Determining the Commission of Statutory Rape
• Republic Act No. 11596 - An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof
• Republic Act No. 11313 - Safe Spaces Act
• Republic Act No. 7610 - The Special Protection of Children Against Abuse, Exploitation, and Discrimination Act
• Republic Act No. 8049 - Anti-Hazing Act of 2018

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Guidelines and frequently asked questions related to child protection concerns, covering risk of harm, including significant harm, mandatory reporting, identification and response.

Mandatory Reporter Guide (MRG)

If you are concerned about the wellbeing or safety of a child or young person you are encouraged to use the Mandatory Reporter Guide .

The guide helps determine whether you should make a report to the Child Protection Helpline, or identify alternative ways to support vulnerable children or young people who may be at risk of harm.

Visit the following pages:

• What do I do if I have child protection concerns?
• Reporting to Department of Communities and Justice
• Contacting the Child Wellbeing Unit
• Follow up of concerns
• Other considerations that may apply
• Responding to concerns in specific or unique circumstances
• Indicators of abuse and neglect
• Student management and wellbeing

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• Template Policies and Guidance

Safeguarding Template Policies and Guidance

National safeguarding guidance for education settings.

Education settings are required to comply with national guidance and legislation. This includes:

• Working Together to Safeguard Children outlines what individuals, organisations and agencies must do to protect children from harm and promote their welfare.
• Keeping Children Safe in Education is statutory guidance for all staff working in schools and colleges which outlines their responsibilities to provide a safe environment in which children can learn. This guidance was last updated in June 2023 and applies from 1 September 2023.
• Early Years Foundation Stage Statutory Framework outlines the standards that school and childcare providers must meet for the learning, development and care of children from birth to 5. This Early Years Foundation Stage (EYFS) framework is mandatory for all group and school-based early years providers1 in England from 4 January 2024.

KELSI is an online resource for education professionals in Kent. Provided by Kent County Council.  You can provide information related to child protection and safeguarding here Child protection and safeguarding - KELSI. Information can also be found on the Kent Safeguarding Children’s Multi-agency Partnership Home - Kent Safeguarding Children Multi-Agency Partnership (kscmp.org.uk)

Additional National Guidance Links for DSLs and Leaders >>

Links to other national guidance which may be useful for DSLs and education leaders includes:

• NSPCC: KCSIE 2023 CASPAR briefing
• Education Safeguarding Service: KCSIE 2023 Online Safety Summary
• LGFL: KCSIE   Part 1 & Annex A translations

Professional Practice

• Guidance for Safer Working Practice  provides practical advice for education staff around their own standards and professional practice to reduce the risk of allegations being made against them.
• Teachers’ Standards  for school leaders, staff and governing bodies, outlines the minimum requirements and standards for teachers’ professional practice and conduct.
• 'What to do if you’re worried a child is being abused'  provides guidance to help practitioners identify the signs of child abuse and neglect and understand what action to take.

Parental Responsibility

• Understanding and dealing with issues relating to parental responsibility  
• School behaviour and attendance - parental responsibility measures

Information Sharing

• Information sharing advice for safeguarding practitioners
• Behaviour in schools
• Searching, screening and confiscation at school

Data Protection and Cloud Services

• Data protection - toolkit for schools
• Cloud software services and the Data Protection Act

Child on Child Sexual Violence and Sexual Harassment

• Ofsted review of sexual abuse in schools and colleges

Links for School Governors >>

• DfE - Governance handbook and competency framework
• UK Council for Internet Safety (UKCIS) - Online Safety in Schools and Colleges: Questions from the Governing Board

Inspection >>

• Education Inspection Framework Ofsted's new education inspection framework applies to maintained schools and academies, non-association independent schools, further education and skills providers and early years settings.

Independent Schools Inspectorate (ISI)

• ISI safeguarding content

Covid-19 Specific Safeguarding Guidance and Resources >>

The Education Safeguarding Service produced a number of guidance documents for schools and settings in response to Covid-19 pandemic.  Please note, schools and settings should follow the current guidance; some of these documents are now archived but copies are still accessible and should be viewed as reference only.

• Safeguarding FAQs (archived)
• Child Protection Policy Addendum - January 2021 (Archived - please use the updated core child protection 2023-24 policy template below)
• Safeguarding Toolkit for Schools - January 2021
• A template remote learning AUP is available within our AUP templates. AUP templates below.
• Blog: Remote Learning guidance for SLT and DSLs
• Blog: Online Safety resources during Covid 19

Child Protection Policy Templates from the Education Safeguarding Service

Education settings must have a suite of effective safeguarding policies which describe the expectations, procedures and arrangements put in place to safeguard and promote children’s welfare; these policies should be updated at least annually, or whenever there is an update or change to local practice and/or national statutory guidance or legislation.

All members of the school/setting community should have access to these policies and all staff should sign to say they have read and understood its contents.

Child Protection Policy Templates >>

Our exemplar child protection policies have been developed in accordance with the key principles established in the Children Acts 1989 and 2004, related national statutory guidance and local procedures.

• Exemplar Schools Child Protection Policy Template 2023-24 - to be used from 1 September 2023.
• Exemplar Early Years Child Protection Policy Template 2023-24 - to be used from 1 September 2023.
• Exemplar Schools Child Protection Policy Template 2024-25 - to be used from 1 September 2024.
• Exemplar Early Years Child Protection Policy Templates 2024-25 - to be used from 1 September 2024.

2024-25 Updates

The policy template content for 2024-25 was reviewed and published initially in July 2024, ready for use from 1 September 2024. In the 24-25 school policy template, where possible, new, moved and updated content for 2024-25 is highlighted in yellow. The 24-25 policy template for early years providers was updated and reordered throughout and we recommend settings use the updated document in full. Please note, both template documents will be revisited in Autumn 2024 to reflect the restructure of the Education Safeguarding Service and County LADO Service. Schools, colleges and early years settings will need to keep their own policies under regular review and will be expected to update them when further information is available. These documents are provided as a starting point and should be adapted by DSLs and leaders/managers to meet the specific requirements for their individual school or setting. Kent County Council make every effort to ensure that the information in our templates is accurate and up to date, however, ultimate responsibility for ensuring their individual policies are appropriate remains the responsibility of the school/college or setting leadership and management team. If errors are brought to our attention, we will correct them as soon as practicable.

Online Safety Templates >>

Keeping Children Safe in Education requires schools and colleges to have “ a staff behaviour policy which should, amongst other things, include: acceptable use of technologies, staff/pupil relationships and communications, including the use of social media ” and that schools and colleges " should have a clear policy on the use of mobile and smart technology ." The EYFS requires early years providers to " implement a policy and procedures to safeguard children ...must... cover the use of mobile phones and cameras in the setting ."

As well as embedding online safety content within our child protection policy templates, the Education Safeguarding Service provides specific policy templates for education settings to adapt. These templates can be embedded within existing policies or as part of a standalone online safety policy approach according to leadership decisions. Our templates provide a basis for leaders and managers to assist them in writing an effective policy, however, they will require adaptation to ensure they reflect the settings context, technology use and individual policy decisions.

• Acceptable Use of Technology Policy Templates - 2024-25
• 'Mobile and Smart Technology' and 'Social Media' policy templates - 2024-25

The policy template content for 2024-25 was reviewed and published in August 2024 following the publication of KCSIE 2024 and EYFS 2024. Where possible, new, moved, condensed, and updated content is highlighted in yellow.

The LADO and Education Safeguarding Advisory Service make every effort to ensure that the information in our templates is accurate and up to date. If errors are brought to our attention, we will correct them as soon as practicable.

AUP Posters

Kent County Council and EiS published AUP posters for use by educational settings. The posters are A3 in size. To print smaller sizes, use the settings provided by your printer (ie for A4 reduce to 71%). If supported, set your printer to print borderless .

• Infant and Early Years Poster (3 to 6) 
• Junior and KS2 Poster (7 to 11) 
• Secondary Poster (11 to 18) 

Additional Online Safety Templates and Guidance

• Online Tools and Platforms Risk Assessment Form
• Dealing with Complaints on Social Media - Guidance for Headteachers and Managers
• Dealing with Complaints on Social Media - Guidance for Headteachers and Managers - editable documents
• Image Use Policy Template and Guidance
• Image Use Policy Template and Guidance - editable documents

Additional Templates, Guidance and Resources from the Education Safeguarding Service

Other optional template resources are also available to support DSLs and leaders in educational settings.

• Record Keeping Templates 2024-25
• Template Annual Report to the Governing Body 2024-25
• Schools Self review tool (Please note this document reflects KCSIE 2019 and schools will need to update this tool before use. Please contact the LADO and Education Safeguarding Advisory Service if you wish to commission a safeguarding review of your school or settings practice.)

Please contact the LADO and Education Safeguarding Advisory Service to discuss queries regarding our policy templates and guidance.

School operations

Protecting Children – Reporting and Other Legal Obligations

• Recognising different types of child abuse
• Making a report or referral – the Four Critical Actions
• Reporting to Child Protection – process and escalation
• Training requirements

The purpose of this policy is to:

• ensure school staff are aware of and comply with their reporting and legal obligations, including mandatory reporting and reportable conduct obligations, to protect the safety and wellbeing of children and young people
• explain the process following a report to Department of Families, Fairness and Housing Child Protection service (Child Protection)
• explain training requirements for school staff.

Note: All references to 'schools' in this guidance includes school boarding premises.

School staff have a range of reporting and legal obligations to protect children and young people from abuse.

• School staff must be aware of and comply with their legal obligations to report suspected child abuse and provide ongoing appropriate support.
• School staff must follow the Four Critical Actions External Link where there is an incident, disclosure or suspicion of child abuse. The Four Critical Actions outline who an incident, disclosure or suspicion should be reported to.
• When dealing with an incident, disclosure or suspicion of child abuse, staff should ensure that the principal and school leadership team is made aware of the concern and are involved in providing ongoing appropriate support.
• If an incident or allegation involves an employee, volunteer or contractor at the school, staff must also follow the department policy on Reportable Conduct and report the incident to the department's Employee Conduct Branch on 03 7022 0005 .
• Where a school staff member has reported a concern to Child Protection External Link but they continue to have concerns for the child after Child Protection has closed the case, they may escalate the matter through Child Protection complaints management processes or reporting concerns from the principal to their regional area executive director.

School staff have a vital role in protecting children from harm and are well placed to observe signs or behaviours that may indicate risks of child abuse.

School staff must follow the Four Critical Actions External Link as soon as they witness an incident, receive a disclosure, or form a reasonable belief that a child has been abused or is at risk of being abused.

Reporting and legal obligations relating to suspicions, disclosures or incidents of child abuse

School staff have a range of reporting and legal obligations to report suspected child abuse and provide ongoing appropriate support. These are described below.

• For information on how to report a suspicion, disclosure or incident of abuse, refer to the Four Critical Actions External Link .
• When making any report in regards to suspected child abuse, it is strongly recommended that staff use the Responding to suspected child abuse template to keep clear and comprehensive notes.
• Child Safe Standards

All schools are required to comply with the Child Safe Standards and Ministerial Order 1359 to create and maintain a child safe organisation where children and young people are protected from abuse.

For information on the Child Safe Standards, refer to Child Safe Standards .

• Reportable Conduct Scheme

Principals must notify the Employee Conduct Branch as soon as possible after becoming aware of an allegation of reportable conduct against a current or former department or school council staff member, contractor or volunteer. This applies regardless of whether the alleged victim is or was a student at the school.

There is an allegation of reportable conduct where a person has a reasonable belief that there has been:

• a sexual offence, sexual misconduct or physical violence committed against, with or in the presence of a child
• behaviour causing significant emotional or psychological harm to a child
• significant neglect of a child or
• misconduct involving any of the above.

All allegations of reportable conduct must be reported to the Employee Conduct Branch. An allegation does not need to be substantiated to be reported.

The department's Employee Conduct Branch will report allegations of reportable conduct raised against department staff (including contractors, volunteers, allied health workers and other office holders) who are 18 years or over to the Commission for Children and Young People (CCYP).

The contact number for the Employee Conduct Branch is 03 7022 0005 .

For more information, refer to: Reportable Conduct Scheme .

Mandatory reporting

A mandatory reporter must report to Child Protection as soon as practicable if in the course of practising their profession or carrying out their duties, they form a belief on reasonable grounds that:

• a child has suffered, or is likely to suffer, significant harm as a result of physical and/or sexual abuse and
• the child’s parents have not protected or are unlikely to protect the child from harm of that type.

It may be a criminal offence not to report in these circumstances.

Individuals who are required to report:

• Victorian Institute of Teaching (VIT) registered teachers, including principals, and early childhood teachers
• school staff who have been granted permission to teach by the VIT
• registered medical practitioners, nurses and midwives
• police officers
• registered psychologists
• people in religious ministry
• early childhood workers
• youth justice workers
• out-of-home care workers (excluding voluntary foster and kinship carers)
• school counsellors including staff who provide direct support to students for mental, emotional, or psychological wellbeing, including (but not limited to) school health and wellbeing staff, primary welfare officers, student wellbeing coordinators, mental health practitioners, chaplains, and Student Support Services staff.

Criminal offences

Failure to disclose.

All adults must report to Victoria Police when they form a reasonable belief that a sexual offence has been committed by an adult against a child under the age of 16.

Failure to disclose the information may be a criminal offence unless there is a ‘reasonable excuse’ or an individual has an 'exemption' from doing so.

If an adult that reasonably believes that a sexual offence has been committed against a child under the age of 16 by another adult, then they must call Victoria Police on 000 or the local police station.

For more information, refer to the Department of Justice and Community Safety website: Failure to disclose offence External Link .

Failure to protect

Principals or school leadership staff who become aware that an adult associated with the school (such as an employee, contractor, volunteer or visitor) poses a risk of sexual abuse to a child under the care of the school (including grooming) must take all reasonable steps to remove or reduce that risk.

This may include removing the adult from child-connected and child-related work pending investigation. Failure to do so may be a criminal offence.

Schools should contact the Employee Conduct Branch on 03 7022 0005 for advice before removing a person from child connected or child related work.

The obligation to protect a child applies to any staff member in a position of authority (for example principals, assistant principals and campus principals).

For more information, refer to the Department of Justice and Community Safety website: Failure to protect offence External Link .

Duty of care

All school staff have a duty of care to take reasonable steps to protect children in their care from harm that is reasonably foreseeable. In relation to suspected child abuse, reasonable steps may include (but are not limited to):

• acting on concerns and suspicions of abuse as soon as practicable
• seeking appropriate advice or consulting with other professionals or agencies
• reporting the suspected child abuse to appropriate authorities such as Victoria Police and Child Protection (refer to Four Critical Actions External Link )
• arranging counselling and/or other appropriate welfare support for the child
• providing ongoing support to the child and young person
• sharing information with other school staff who will also be responsible for providing ongoing support to the child.

For more information, refer to:

• Duty of Care
• Your reporting and legal obligations (PROTECT) External Link
• Identifying and responding to all forms of abuse in Victorian schools (PDF) External Link
• Child Safe Standard 7: Regulations for schools External Link
• Child Safe Standard 7: Guidance for schools External Link .

Responding to student sexual offending

Guidance for staff on what action to take if you suspect, or are witness to student sexual offending is available at Identify and respond to student sexual offending External Link .

Significant concerns for the wellbeing of a child

All concerns about the wellbeing of a child (or unborn child) should be taken seriously and acted upon.

Any adult can make a referral to Child FIRST External Link and/or The Orange Door External Link if they:

• have a significant concern for a child’s wellbeing
• the issue of concern has a low-to-moderate impact on the child
• the child’s immediate safety is not compromised
• believe that the child and/or family will act on the referral and be supportive of it.

School staff must contact Victoria Police if:

• there is any concern for a child’s immediate safety
• a child is partaking in any risk-taking activity that is illegal and extreme in nature or poses a high risk to the child or any other person.

School staff can contact Child Protection if:

• after consideration of all available information the staff member forms a view that the child is in need of protection and
• the staff member believes that the child’s parents/carers will not be open to support from family services to address their child’s wellbeing.

For further information, refer to: Responding to other concerns about the wellbeing of a child External Link .

For contact details visit:

• Child FIRST and family services External Link
• The Orange Door External Link
• Safe and Equal External Link – for information and guidance to help respond to family violence
• 1800 RESPECT – for family violence victims/survivors to be referred to counselling and information
• Child Protection – visit Making a report to child protection External Link
• Victoria Police – call 000 or the local police station.

Definitions

Definitions related to the Child Safe Standards and Ministerial Order 1359 can be found at: Child Safety: Definitions External Link .

Related policies

• Legal Claims, Subpoenas, Summonses and Other Legal Documents
• Police and DHHS Interviews
• Requests for Information about Students
• Risk Management — Schools
• Student Sexual Offending and Problem Sexual Behaviour

Relevant legislation

• Children, Youth and Families Act 2005 (Vic) External Link
• Child Wellbeing and Safety Act 2005 (Vic) External Link
• Crimes Act 1958 (Vic) External Link
• Education and Training Reform Act 2006 (Vic) External Link
• Education and Training Reform Regulations 2017 (Vic) External Link
• Ministerial Order 1359 – Implementing the Child Safe Standards (PDF) External Link

Reviewed 25 February 2024

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Policy last updated

30 October 2023

Wellbeing, Health and Engagement Division

Journal of Advanced Research in Law and Economics

• Announcements
• AUTHOR'S GUIDELINES

Parental Responsibility and Children Protection: The 1996 Hague Convention vs. the 1993 Minsk Convention

• Aslan ABASHIDZE RUDN University, Moscow, Russia
• Denis GUGUNSKIY RUDN University, Moscow, Russia
• Kristina KEBURIA RUDN University, Moscow, Russia
• Aleksandra KONEVA RUDN University, Moscow, Russia
• Alexander SOLNTSEV RUDN University, Moscow, Russia

The article analyses comparatively universal and regional mechanisms, aimed at children`s rights protection, namely, the 1996 Hague Convention and the 1993 Minsk Convention (CIS). Both legal instruments create measures for the children`s best interests protection in international or cross-border conflicts between the parents, including such issues as recognition and enforcement of judgments concerning the children made by the competent judicial (primarily) and administrative authorities of one of the Member State within the territory of another. This article argues that the 1996 Hague Convention has a wider range of opportunities to protect the children`s rights, than the 1993 Minsk Convention. However, 1993 Minsk Convention remains important as most of the CIS Member States are not yet Contracting Parties to the 1996 Hague Convention. Russia, however, is a Contracting Party to both these Conventions although it has two separate Authorities to apply them. In cases falling within either Convention, it is argues that the Russian competent authorities should apply, as per 1996 Vienna Convention on the Law of Treaties the ‘later treaty’.

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2.1 Institutional Policy on Sex-Based Harassment

2.1.1 SCOPE

This policy provides procedures for reporting, investigating and adjudicating sex-based discrimination, including sex-based harassment. It applies to all members of the College community, including the College’s students, faculty, and staff, and applies regardless of one’s sexual orientation, gender, gender identity, or gender expression. Non-community members (e.g. alumni, family or friends of students, vendors, etc.) visiting campus or participating in any College program or activity are also protected by and required to abide by the behavioral expectations of this policy.A Bill of Rights specific to students of the College is included herein.Under this policy, the College will consider the effects of off-campus conduct when evaluating whether an individual has been subjected to a hostile environment in any education program or activity, including any College workplace setting.

2.1.2 POLICY STATEMENT

As an institution of higher education that promotes the rights and safety of all members of the campus community, Ithaca College does not discriminate on the basis of sex and prohibits sex discrimination. In accordance with applicable law, including but not limited to Title IX of the Higher Education Amendments of 1972 and its accompanying regulations, Ithaca College prohibits sex-based discrimination, including sex-based harassment, against any individual in any College program or activity, including in admission.

2.1.3 DEFINITIONS

Affirmative consent - a knowing, voluntary and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.

• Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
• Consent may be initially given but withdrawn at any time.
• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
• Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
• When consent is withdrawn or can no longer be given, sexual activity must stop.

Consent can be given by word or action. Consent given verbally is evidenced by affirmative agreement to engage in specific sexual activity. Consent through action is active participation in the specific sexual activity. Silence in the absence of actions demonstrating permission cannot be presumed to be consent. Past consent to sexual activity cannot be presumed to be consent to engage in the same sexual activity in the future, and consent can be withdrawn at any time. Sexual activity as the result of coercion is non-consensual. Coercion is a threat, undue pressure, or intimidation to engage in sexual activity.

Certain conditions prevent a person from being able to consent. These conditions include being asleep, unconscious, physically or mentally helpless, disoriented or unable to understand what is happening for any reason, including due to alcohol or drugs, or is under the age of 17. A person will be considered unable to give consent if he or she cannot understand the details of a sexual interaction (who, what, when, where, how). A person who has been drinking or using drugs is still responsible for any violation of this policy that he/she commits. This means that, even if the accused was under the influence of alcohol or other drugs and, as a result, he/she did not realize that the other person was not consenting to or was unable to consent to sexual activity, the person who committed the non-consensual act is still responsible for having violated this policy.

Sex-based harassment - Sex-based harassment is a form of sex discrimination and means sexual harassment as defined in Section 2.6 Policy on Sexual Harassment and other harassment on the basis of sex, including on the basis sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender expression/identity, that meets the criteria of one or more of the following three types of conduct:

Quid pro quo harassment. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

• The type, frequency, and duration of the conduct;
• The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
• The location of the conduct and the context in which the conduct occurred; and
• Other sex-based harassment in the recipient’s education program or activity; or
• Specific offenses

Sexual Assault: Sexual assault is sexual penetration, no matter how slight, without consent and is further sub-defined by the following:

• Non-Consensual Sexual Contact: Any intentional touching, however slight, for purposes of sexual gratification or with sexual intent, with an object or bodily part, by a person upon another person that is without consent.
• The frequency of interaction between the persons involved in the relationship;
• Shares a child in common with the victim; or
• Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or
• Stalking behavior includes but is not limited to repeated, intentional following or observing another; or using “spyware” or other electronic means to gain impermissible access to a person’s private information.
• Child Molestation:Any illegal or otherwise wrongful sexual conduct or sexual exploitation with an individual who is under 17 years of age.

2.1.4 GUIDELINES

2.1.4.1 Students’ Bill of Rights related to Sexual Assault, Dating Violence, Domestic Violence and Stalking*

All students have the right to:

• Make a report to local law enforcement and/or state police;
• Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
• Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
• Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
• Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
• Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
• Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
• Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
• Access to at least one level of appeal of a determination;
• Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

*More information about filing a report and options for confidential disclosure is available on the College’s SHARE website at www.ithaca.edu/SHARE .

2.1.4.2 Reporting Sexual Misconduct

Any College student, staff member, or faculty member who has been the victim of sexual misconduct is encouraged to seek support and assistance from within or outside the College. Any Ithaca College employee who becomes aware that a student has been a victim of sexual misconduct including sexual harassment or assault, domestic or dating violence, or stalking must report these incidents to the college’s Title IX Coordinator.

Victims of any form of sex-based harassment are advised that the individuals listed below empowered to institute corrective measures. As such, the following individuals are available to ensure that any report of sex-based harassment or discrimination that they receive will be referred to the Title IX Coordinator for an appropriate institutional response.

It is important to remember that the reporting of sex discrimination, including sex-based harassment, provides the College and the community with the opportunity to identify the person(s) responsible and address the factors that might prevent such occurrences in the future. Reporting a sexual offense quickly is important to preserving evidence that may be necessary to prove the offense occurred. Ithaca College provides medical, psychological, investigative, and other support services to assist victims of rape or other acts of sex-based harassment in dealing with the inevitable repercussions of a traumatic event.

2.1.4.3 REPORTING INDIVIDUALS HAVE A RIGHT TO:

• Notify the Office of Public Safety, local law enforcement, and/or state police;
• Have emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible, and detailing that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney. Such official shall also explain whether he or she is authorized to offer the reporting individual confidentiality or privacy, and shall inform the reporting individual of other reporting options;
• Disclose confidentially the incident to institution representatives, who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for reporting individuals;
• Disclose confidentially the incident and obtain services from the state or local government;
• Disclose the incident to institution representatives who can offer privacy or confidentiality, as appropriate, and can assist in obtaining resources for reporting individuals;
• File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult the Title IX Coordinator and other appropriate institution representatives for information and assistance. Reports shall be investigated in accordance with institution policy and a reporting individual's identity shall remain private at all times if said reporting individual wishes to maintain privacy;
• Disclose, if the accused is an employee of the institution, the incident to the institution's human resources authority or the right to request that a confidential or private employee assist in reporting to the appropriate human resources authority;
• Receive assistance from appropriate institution representatives in initiating legal proceedings in family court or civil court; and
• Withdraw a complaint or involvement from the institution process at any time.

2.1.4.4Effect of Criminal Proceedings

A victim of a crime, including Sexual Misconduct, is encouraged to, but is not required to, report the incident to law enforcement and pursue criminal charges. If you want to pursue criminal charges related to an incident occurring on campus, you may contact the Office of Public Safety. For assistance in making a report of a crime that took place off campus, you may contact the local police department directly. The criminal process and the College’s disciplinary processes are not mutually exclusive or dependent on each other, meaning that a person may pursue either a criminal complaint or internal complaint with the College or both. An individual’s decision to file a report with criminal authorities may result in some delay in any internal College investigation, so as not to interfere with evidence gathering by law enforcement, but College procedures will resume as soon as possible.In addition, the College will cooperate with any criminal proceedings as permitted by law.

2.1.4.5 ON-CAMPUS CONFIDENTIAL RESOURCES

A victim of sexual misconduct is encouraged to seek support for his/her emotional and physical needs. Whether or not you decide to file a complaint with the College or pursue legal action through local law enforcement, immediate psychological and medical support is available through various confidential resources.Contacting any of these confidential resources in no way commits you or precludes you from those other courses of action. A report to a Confidential Resource is not a report to the College and will not result in remedial action or an investigation or disciplinary action. Any individual who desires remedial action (such as a change in housing, academic or work assignments) or wishes to seek disciplinary action against the respondent must contact one of the Responsible Administrators listed below. Reporting individuals will receive the following notice:

"You have the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.”

A student seeking confidential emotional or medical care may contact the following resources:

Center for Counseling & Psychological Services (No fee): 607-274-3136

J. David Hammond Center for Student Health Services (student health services are charged to the student’s insurance except for certain types of mental and sexual health services that are provided free of charge): 607-274-3177

BIPOC Unity Center: 607-274-7777

LGBT Education, Outreach & Services: 607-274-7394

Office of Religious and Spiritual Life (No fee): 607-274-3103

• Pastoral Counselors (including the Director and all Religious/Spiritual Life Professionals)

​2.1.4.6 OFF-CAMPUS CONFIDENTIAL RESOURCES

Confidential reports of any form of sexual misconduct can be made to off-campus resources, including:

The Advocacy Center (No fee) 24-hour hotline: 607-277-5000 Office: 607-277-3203

Cayuga Medical Center (Health services may incur fees, unless covered by NYS Crime Victims Board) 607-274-4411 101 Dates Drive, Ithaca, NY

Tompkins County Mental Health Services Center (Health services incur fees on a sliding scale based on ability to pay) Office: 607-274-6200

Suicide Prevention & Crisis Center (No fee) National Hotline: 800-273-“TALK” [8255] (No fee.) Local Hotline: 607-272-1616 (No fee.)

New York State Hotline for Sexual Assault and Domestic Violence (No fee) Hotline: 800-942-6906

New York State Office of Victim Services (No fee) 800-247-8035

2.1.4.7On-Campus Non-Confidential Resources: Responsible Administrators

AN INDIVIDUAL MAY MAKE A FORMAL COMPLAINT TO ANY ONE OF THE RESPONSIBLE ADMINISTRATORS LISTED BELOW. THESE INDIVIDUALS HAVE BEEN TRAINED TO RECEIVE AND RESPOND TO ALLEGATIONS OF SEX-BASED HARASSMENT.

Linda Koenig, Title IX Coordinator 607-274-7761

[email protected]

Kelly McCloe, Title IX Investigator and Prevention Specialist 607-274-5136 [email protected]

Sarah Smith, Assistant Director of Athletics and Senior Woman Administrator Office of Intercollegiate Athletics 607-274-5708 [email protected]

A Responsible Administrator is not a confidential resource. Complaints can be made to any of the Responsible Administrators by those who have been the victim of a violation of this policy, by a third party on a victim’s behalf or anonymously. While certain other employees may also have a reporting obligation, if a complaint is made to anyone other than one of the Responsible Administrators listed above, the complainant risks the possibility that it will not come to the attention of the proper College officials and may, therefore, not be acted upon.For purposes of this policy, faculty are not considered Responsible Administrators.In addition, unless a report is made to someone listed as a Confidential Resource, confidentiality cannot be assured. The decision to file a formal complaint with the College in no way restricts you from also filing criminal charges.

A Responsible Administrator will discuss with the complainant available avenues and options. A complainant may be able to take advantage of multiple options simultaneously. Options include contacting law enforcement (if the incident involves a crime) and/or pursuing disciplinary action against the accused and/or mediation. In situations where the complainant’s well-being requires, other options may include immediate remedial action, such as no-contact orders directing the respondent to have no contact with the complainant, changes in class assignments, residence hall assignments, transportation arrangements, or work assignments to assist the complainant in avoiding contact with the respondent, or other measures to enhance the complainant’s safety, such as escorts or increased monitoring of an area.

2.1.4.8 CONFIDENTIALITY

If an individual makes a report to a Responsible Administrator, one still has the right to make an anonymous report; to request that the College maintain the report as confidential (i.e., not reveal his/her identity); and/or to request that the College not conduct an investigation or that action not be taken against an alleged perpetrator. Even Ithaca College Offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution. If a complainant requests that his/her name be kept confidential (or if the complainant makes an anonymous complaint), the College’s ability to respond to the complaint may be limited. While the College endeavors to comply with the complainant’s wishes, it is not required to honor these requests. The College may take proactive steps, such as training or awareness efforts, to combat domestic violence, dating violence, stalking or sexual assault in a general way that does not identify those who disclose or the information disclosed. Depending on the circumstances, this may or may not be possible. The College may, in appropriate circumstances, decide it must move forward with an investigation and/or disciplinary processes. In making such a determination the College must consider its obligation to provide a safe, non-discriminatory environment for all students and employees. The College has designated the Title IX Coordinator as the individual who will evaluate any requests for confidentiality.

The College will seek consent from the complainant prior to conducting an investigation. To determine whether to investigate despite the complainant’s request no to do so, the College will consider a range of factors, including, but not limited to:

• The severity and impact of the sexual misconduct;
• The respective ages of the parties;
• Whether the complainant is a minor under the age of 18;
• Whether the respondent has admitted to the sexual misconduct;
• Whether there have been other sexual violence or harassment complaints about the respondent;
• Whether the respondent has a history of arrests or records from a prior school indicating a history of violence;
• Whether the respondent threatened further sexual violence or other violence against the victim or others;
• Whether the sexual violence was committed by multiple respondents;
• Whether the sexual violence was perpetrated with a weapon; and
• The overall safety of the campus community (including the complainant).

If the College determines that an investigation is required, it will immediately notify the reporting individuals and take immediate action as necessary to protect them.

If an individual discloses information through a public awareness event such as “Take Back the Night,” candlelight vigils, protests, or other public event, the College will not begin an investigation without further request from the reporting individual. The College may use the information provided to inform the need for additional education and prevention efforts.

2.1.4.9 INTERIM MEASURES

When a report of sexual misconduct, domestic/dating violence, or stalking is made, individuals will be provided with the following protections or accommodations:

A. No-Contact Orders:

• Will be consistent with College policies and procedures, whereby continued intentional contact with the reporting individual will be a violation of the conduct code subject to additional conduct charges; if the accused or respondent and a reporting individual observe each other in a public place, it shall be the responsibility of the accused or respondent to leave the area immediately and without directly contacting the reporting individual. Both the accused or respondent and the reporting individual shall, upon request and consistent with institution policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of his or her request. Institutions may establish an appropriate schedule for the accused and respondents to access applicable campus buildings and property at a time when such buildings and property are not being accessed by the reporting individual;

B. To be assisted by the Office of Public Safety, or other officials in obtaining an order of protection or, if outside of New York State, an equivalent protective or restraining order;

C. To receive a copy of the order of protection or equivalent when received by the College and have an opportunity to meet or speak with a representative of the College, or other appropriate individual, who can explain the order and answer questions about it, including information from the order about the accused's responsibility to stay away from the protected person or persons;

D. To an explanation of the consequences for violating these orders, including but not limited to arrest, additional conduct charges, and interim suspension;

E. To receive assistance from the Office of Public Safety in effecting an arrest when an individual violates an order of protection orcalling on local law enforcement to effect an arrest for violating such an order(this accommodation will in no way limit current law enforcement jurisdiction and procedures);

F. When the accused or respondent is a student determined to present a continuing threat to the health and safety of the community, to subject the accused or respondent to interim suspension pending the outcome of a judicial or conduct process consistent with this article and the Summary Suspension Policy (section 7.1.2.7.3 of the Student Conduct Code). Both the accused or respondent and the reporting individual shall, upon request and consistent with the Summary Suspension Policy, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, and shall be allowed to submit evidence in support of his or her request;

G. When the accused is not a student but is a member of the College community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements, employee handbooks, and rules and policies of the College;

H. To obtain reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation or other applicable arrangements in order to help ensure safety, prevent retaliation and avoid an ongoing hostile environment, consistent with the College's policies and procedures and coordinated by the Title IX Coordinator or designee. Both the accused or respondent and the reporting individual shall, upon request and consistent with the College's policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any such interim measure and accommodation that directly affects him or her, and shall be allowed to submit evidence in support of his or her request.

Interim actions may be taken by the College to immediately respond to a situation. Interim actions may include but are not limited to no-contact orders directing the accused to have no contact with the complainant (further detail is provided below), changes in class assignments, residence hall assignments, transportation arrangements, or work assignments to assist the complainant in not having to interact with the accused, or other measures to enhance the complainant’s safety, such as escorts or increased monitoring of an area. The College also provides for the use of a "safe room," if available, for short periods of time whenever a victim needs or wishes to be relocated immediately from the residence hall room. The College may impose a suspension from the campus or parts of the campus, or may impose academic residential changes, pending the outcome of an investigation and disciplinary proceeding. The College will review the facts and circumstances of each case, as well the complainant’s wishes, in deciding whether and what steps are reasonable and appropriate.

2.1.5Investigations and Disciplinary Proceedings

If a report alleges a plausible violation of this policy, the College will conduct an investigation. An investigation may occur because a complainant wishes to proceed with a complaint, or because the College determines that this is necessary despite the wishes of the complainant.

Every student has the right to request that student conduct charges be filed against the accused in accordance with the requirements outlined in the Sex Discrimination Grievance Procedures, maintained by the Title IX Office.

2.1.5.1 Investigation

The College endeavors to ensure that complaints are responded to in a prompt, fair and impartial manner. The investigation is usually performed by one or more of the Responsible Administrators listed above, but the College may appoint any appropriate person(s) to conduct the investigation. The complainant and the respondent will be given an equal opportunity to present information in the context of the investigation. An investigation usually involves interviews of witnesses and reviewing relevant documentation.

This policy applies campus-wide and sets forth behavioral expectations for all. However, the applicable investigatory and disciplinary procedure that will be applied in a particular case depends on whether the accused is a student, a faculty member, an employee, or a non-community member. If a complaint is made under this policy, the following will apply:

• A complaint against a student will be referred to the Office of Student Conduct and Community Affairs (607-274-3375) and processed in accordance with the Student Conduct Code (Section 7.1.2 of the Policy Manual).
• A complaint against a faculty and/or staff member will be processed in accordance with the Discrimination Complaint Resolution Policy (Section 2.7 of the Policy Manual).
• A complaint against a non-community member ( e.g ., a visitor to campus, an alumnus, a vendor, a parent, etc.) will be investigated but a formal procedure may not apply under certain circumstances. The College may opt to ban the non-community member from College property or take other appropriate responsive measures.The complainant and respondent will be reasonably notified in writing of the outcome of such a procedure.

In cases where the individual has more than one status with the College (such as a student who is also employed with the College, or any employee who takes courses at the College), the College will reasonably determine which status is primary and apply resolution procedures accordingly. A non-member of the College community may make a report that a College community member has violated this policy. A non-community member’s complaint will be processed in accordance with the applicable disciplinary procedures (described above).

2.1.5.2SANCTIONS

The possible sanctions that can be imposed as a result of determination of responsibility for a violation of this policy follow the same range of sanctions available for any policy violation at Ithaca College. The College reserves the right to summarily remove an individual from College housing or from the College campus pending a judicial hearing when such action is necessary to ensure the protection and welfare of the College community.

2.1.6 Retaliation

The College prohibits retaliation against any individual who files a good-faith complaint or assists or participates in good-faith any manner in an investigation or proceeding conducted by the College or an external agency. Any retaliation is subject to disciplinary action, up to and including expulsion/termination. Complaints of retaliation will be handled pursuant to the applicable disciplinary procedure (above).

2.1.7 Amnesty When Reporting Violent Crimes

The health and safety of every student at the Ithaca College is of utmost importance. Ithaca College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Ithaca College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Ithaca College officials or law enforcement will not be subject to Ithaca College’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

2.1.8Clery Act Compliance

The College is required to include for statistical reporting purposes the occurrence of certain incidents in its Annual Security Report (ASR). Names of individuals involved in incidents are not reported or disclosed in ASRs. In the case of an emergency or ongoing dangerous situation, the College will issue a timely warning to the campus unless issuing such a warning may compromise current law enforcement efforts or when issuing the warning itself could potentially identify the reporting individual. In such circumstances, the name of the alleged perpetrator may be disclosed to the community, but the name of the victim/complainant will not be disclosed.

2.1.9 Coordination with Other Policies

A particular situation may potentially invoke one or more College policies or processes. The College reserves the right to determine the most applicable policy or process and to utilize that policy or process.

Other policies that may be relevant to reports of sexual misconduct, domestic violence, dating violence, or stalking, include, but are not limited to:

• Timely Warning Policy
• Student Conduct Code

Last Updated: August 1, 2024