1. Employee Training: Requirements for Mandatory Reporting of Child Abuse, Child Neglect, and Sexual Offenses on School Premises Involving Students 2015-2016 Human Resources Department Contacts: Assistant Superintendent Donna D. Hage at dhage@k12.wv.us,dhage@k12.wv.us Director of Safety and Discipline Kenneth Winkie at kwinkie@k12.wv.uskwinkie@k12.wv.us Human Resources, dhage@k12.wv.us

2. Audience This training is mandatory of all employees (including regular Professional and Service) substitutes, coaches, volunteers, or any individual who holds a contract with Harrison County Schools or provides organized activities for children through Harrison County Schools. W.Va. Code §49-2-803(a) Human Resources, dhage@k12.wv.us

3. Purpose This training establishes guidelines for reporting child abuse and neglect in order to: 1.Protect the interests of a child 2.Offer protective services to prevent further harm to the child or any child living in the home 3.Stabilize the home environment 4.Preserve family life whenever possible 5.Promote responsibility to protect children 6.Encourage cooperation to prevent future incidents of child abuse and neglect W. Va. Code §49-6A-1 Human Resources, dhage@k12.wv.us

4. Definition of Child Abuse "Child abuse and neglect" or "child abuse or neglect" means – physical injury, – mental or emotional injury, – sexual abuse, – sexual exploitation, – sale or attempted sale – or negligent treatment or maltreatment of a child by a parent, guardian or custodian who is responsible for the child's welfare, under circumstances which harm or threaten the health and welfare of the child. W. Va. Code §49-1-3 Human Resources, dhage@k12.wv.us

5. Mandatory Reporters (for School Systems) Mandatory reporters of suspected abuse and neglect include: Administrator Teacher Counselor Other School Personnel Social Worker Coach Volunteer W. Va. Code §49-6A-2 (a) Human Resources, dhage@k12.wv.us

6. Physical Abuse or Sexual Abuse or Sexual Assault Mandatory reporter “who is a member of a staff or volunteer of a public institution, school, entity that provides organized activities for children, shall immediately notify the person in charge of the school” Mandatory reporter shall immediately report, or cause a report to be made, to any local law enforcement agency having jurisdiction to investigate the complaint W. Va. Code §49-6A-2 (a) Human Resources, dhage@k12.wv.us

7. Time Frames If you have “reasonable cause to suspect that a child is neglected or abused or observe the child being subjected to conditions that are likely to result in abuse or neglect [you] shall immediately … after suspecting this abuse or neglect, report the circumstances or cause a report to be made to the Department of Health and Human Resources.” W. Va. Code §49-6A-2 (a) Human Resources, dhage@k12.wv.us

8. Reports from Credible Witnesses “Any person over the age of 18 who receives a disclosure from a credible witnesses or observes any sexual abuse or sexual assault of a child, shall immediately … after receiving such a disclosure or observing the sexual abuse or sexual assault, report the circumstances or cause a report to be made to the Department of Health and Human Resources… or other law enforcement agency having jurisdiction to investigate the report.” W. Va. Code §49-6A-2 (b) Human Resources, dhage@k12.wv.us

9. Law Enforcement’s Role After Report The law enforcement agency who receives the report shall report the allegations to the Department of Health and Human Resources and coordinate with any other law enforcement agency, as necessary to investigate the report. W. Va. Code §49-6A-2 (b) Human Resources, dhage@k12.wv.us

10. Department of Health and Human Resources’ Role After Report The DHHR will notify the mandatory reporter of an initiated investigation into the reported suspected abuse or neglect. The DHHR will notify the mandatory reporter when the investigation is completed. W. Va. Code §49-6A-2a (a) Human Resources, dhage@k12.wv.us

11. Reporting Procedures Reports shall be made immediately by telephone to the local state department child protective service agency. The centralized telephone number: 1-800- 352-6513 The local WVDHHR: 304-627-2295 Human Resources, dhage@k12.wv.us

12. Immunity from Liability “Any person, official, or institution participating in good faith in any act permitted or required by this article shall be immune from any civil or criminal liability that otherwise might result by reason of such actions.” W.Va. Code §49-6A-6 Human Resources, dhage@k12.wv.us

13. House Bill 2939 Effective June 12, 2015 Requires mandatory reporting of sexual offenses on public or private school premises involving or between students Responsibility for reporting if the act involved any of the following: – Forcible compulsion – Infliction of serious bodily injury on anyone – Employing a deadly weapon in the commission of the act – Sexual intercourse or intrusion with a student who is mentally defective or mentally incapacitated – Student 16 years old or older engaging in sexual intercourse or sexual intrusion with a student under the age of 16 (who is not his/her spouse) and is four or more years younger – Student 14 years old or older making sexual contact with a student who is younger than 12 years old – Sexual contact with a student who is physically helpless W. Va. Code §49-2-803 (c) Human Resources, dhage@k12.wv.us

14. Protocol for Reporting School employee who personally observes sexual contact, sexual intercourse or sexual intrusion of a child on school premises, school buses or other transportation used for school purposes must immediately, report the circumstances or cause a report to be made to a local law enforcement agency with jurisdiction – city or county law enforcement School employee is under the same reporting duty upon receiving a disclosure of such activity from a witness whom “a reasonably prudent person would deem credible” – Report this immediately to the principal or assistant principal regardless of time of day or business hours – Principal or assistant principal must immediately report the conduct to law enforcement regardless of time of day or business hours W. Va. Code §49-2-803 (c), (e) Human Resources, dhage@k12.wv.us

15. Law Enforcement’s Role After Report When alleged conduct reported to law enforcement is between two students or between a student and a teacher or other school personnel, the law enforcement body receiving the report must immediately, but within 24 hours, notify the students’ parents, guardians, and custodians. W. Va. Code §49-2-803(e) Human Resources, dhage@k12.wv.us

16. Failure to Report Abuse or Neglect Penalty “Any person, official or institution required to report a case involving a child known or suspected to be abused or neglected, or required to forward a copy of a report of serious injury, who knowingly fails to do so or knowingly prevents another person acting reasonably from doing so, is guilty of a misdemeanor and, upon conviction, shall be confined in jail not more than 30 days or fined not more than $1,000, or both.” -W. Va. Code §49-6A-8 Human Resources, dhage@k12.wv.us

17. Failure to Report Sexual Assault or Abuse Penalty “A person, official or institution required to report a case involving a child known or suspected to be sexually assaulted or abused, or a student known or suspected to have been a victim of any non- consensual sexual contact, intercourse or intrusion, who knowingly fails to do so or knowingly prevents another person action reasonably from doing so, is guilty of a misdemeanor punishable by not more than six months in jail and/or a fine not more than $10,000.” W.Va. Code §49-2-812(b) Human Resources, dhage@k12.wv.us

18. Acknowledgement of Reporting Requirements School boards and private school administrators must provide all employees with a written statement containing the requirements of these new provisions, and must obtain and preserve a signed acknowledgment from school employees that they have received and understand the reporting requirements. W. Va. Code §49-2-803(d) Print the acknowledgement sheet here and submit to your administrator by August 30. This will be maintained in your Personnel file.acknowledgement sheet here Print these protocol sheets for your files. Human Resources, dhage@k12.wv.us