Mandated Reporting

Similarly, the State Chancellor concluded that all college counselors are mandated reporters. With regard to classified employees, the State Chancellor concluded that:

classified employee[s] of any public school,"who are included by section 11165.7(a)(4) as mandated reporters, includes community college district classified employees if their scope of employment places them in similar contact with children on a regular and continuous basis such that evidence of child abuse or neglect would be readily apparent.” (Emphasis added.) 78

B. C LERY A CT AND M ANDATED R EPORTING A review of districts’ Clery Act obligations goes beyond the scope of this workbook. However, we note briefly that districts should be careful not to confuse the sometimes overlapping obligations under the CANRA and the Clery Act. Generally, districts should keep in mind the following three guidelines in meeting these dual responsibilities: 1. Where a Clery Act event involves a minor, the district’s compliance with its Clery Act reporting obligations does not satisfy the obligation of the mandated reporter. These are separate, independent obligations—the former institutional, the latter individual. 2. Campus Security Authorities (CSAs) under the Clery Act should be informed that they are mandated reporters, and that their reporting activities under Clery are separate from their mandated reporting duties. In other words, if a minor is abused on campus, and a report is made to a CSA this will trigger both Clery reporting and mandated reporting duties. 3. Not every sex offense reportable under the Clery Act constitutes sexual abuse requiring a mandated report. Sexual offenses are among the crimes that must be reported under the Clery Act, including non-forcible sex offenses such as statutory rape. Statutory rape is defined as non-forcible sexual intercourse with a person who is under the age of consent. However, as summarized above, a mandated report of consensual sex with a minor is dependent upon the age difference between the participants. Thus, there will be situations where an incident involving a minor may trigger a duty to report under Clery, but not trigger a duty to make a mandated report.

Mandated Reporting ©2020 Liebert Cassidy Whitmore 20