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Policy on Mandated Reporters

Policy Category: Executive

Effective Date: 9/13/2023

Responsible Officer: Chief of Police

History: New Policy

Responsible Office: Wentworth Police Department

Location: Link

Purpose

This policy is intended to provide guidance to Wentworth Institute of Technology’s (the university) community related to mandated reporters and associated reporting responsibilities. 

Scope/Applicability

This policy applies to all students, employees, vendors, visitors, and volunteers affiliated with this policy. 

Legal

M.G.L. Chapter 119, Chapter 19C, and Chapter 19A 

Policy

Wentworth is committed to promoting the health, safety, and well-being of their campus constituents and community partners. Therefore, the university has designated certain professionals as mandated reporters responsible for reporting suspected instances of abuse and neglect of a child under the age of 18, a disabled person aged 18-59, and of an elder age 60 or over. Additionally, in the case of an elder, financial exploitation must be reported. Suspected abuse must be immediately reported to the Wentworth Police Department and/or the appropriate governmental agency. 

The university occasionally enrolls high school juniors and seniors resulting in more under 18-year-old students on campus. Students who are under the age of 18 are considered minors and, in some cases, are governed by different laws than older college students. If abuse or neglect of a person under 18 years of age is disclosed to you, either in writing or orally, or if you have reasonable cause to believe that a student is suffering from abuse or neglect, please initiate this procedure immediately. This includes students under the age of 18, or a student over the age of 18 who discloses abuse of a child.  

Additionally, the university may have programs, courses, camps, etc. involving children, elderly, and mentally and/or physically disabled individuals. These individuals are also covered under mandated reporting laws as outlined below, and the Policy on the Protection of Minors on Campus

Definitions

  • Authorized Adults: An individual who is 18 years of age or older, who is authorized under the Policy on the Protection of Minors on Campus to supervise minors participating in an event involving minors.  
  • Abuse: The non-accidental commission of any act by a caretaker which causes, or creates a substantial risk of, physical or emotional injury, or constitutes a sexual offense under the laws of the Commonwealth; or any sexual contact between a parent/guardian/caretaker and a child, elder, or disabled person. 
  • Neglect: The failure, by a parent or caretaker, either deliberately or through negligence or inability, to take actions necessary to provide a minor, elder, or disabled person minimally adequate food, clothing, shelter, medical care, supervision, emotional stability, growth, or other essential care.  
  • Child: Children aged 0 to 18. 
  • Elder: Individuals aged 60 and over. 
  • Disabled Person: Mentally and/or physically disabled individuals aged 18-59. 
  • Mandated Reporter: Designated employees who must report suspected instances of abuse and neglect of a child under the age of 18, a disabled person aged 18-59, and of an elder age 60 or over to the Wentworth Police Department.  
  • Reasonable Cause: The existence of articulable facts (more than just a mere hunch) that lead a reasonable person to believe that abuse, neglect, or financial exploitation may have occurred. 

Procedure(s)

Who is a Mandated Reporter 

  1. Members of the Wentworth Police Department, Student Affairs administrators, those in the Center for Wellness, Authorized Adults as defined in the Policy on Protection of Minors on Campus, faculty who teach students who are dual-enrollment students, and those in Human Resources.  
  2. This is not an exhaustive list but is provided for general guidance. A more inclusive list is included in the chart for each category of mandated reporting. 
  3. Mandated reporters will be notified and trained annually.  

What Behaviors Must be Reported

Children aged 0-18

  1. Physical abuse
  2. Sexual abuse
  3. Emotional abuse
  4. Neglect by the person with permanent or temporary custody

Mentally or Physically Disabled Individuals

  1. Physical abuse 
  2. Sexual abuse
  3. Emotional abuse
  4. Neglect by a caretaker
  5. Financial exploitation

Individuals aged 60 and Over

  1. Physical abuse 
  2. Sexual abuse
  3. Emotional abuse
  4. Neglect by a caretaker OR self-neglect
  5. Financial exploitation

Reporting Suspected Abuse  

  1. A report must be filed IMMEDIATELY (verbal) and within 48 hours (written) when there is reasonable cause to believe that the situation warrants a mandatory report. 
  2. Reports can be made to either the Wentworth Police Department, who is the designated agent of the university, or the appropriate governmental agency.  
  3. Each mandated reporter has a duty to report if multiple reports are involved.  
  4. Employees who have made a report, must also contact the Office of Compliance and Risk Management (617-989-4413) to inform the Office that a report has been made.  
  5. Allegations of sexual misconduct must also be reported to the University’s Title IX Coordinator, per the University’s Policy on Sex Discrimination and Sexual Misconduct. 

Enforcement

  1. Mandated reporters who fail to report suspected abuse, neglect, or financial exploitation may be prosecuted and subject to civil liability.  
  2. Violations of this policy may result in appropriate disciplinary measures by the Employee Policies and Procedures Guide; Collective Bargaining Agreements, and/or the Student Code of Conduct. 

Non-Retaliation

  1. A person filing a complaint concerning a violation or suspected violation of this policy must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the policy.  
  2. For additional information, please see the Whistleblower Policy and the Student Code of Conduct 
  3. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense. 

Additional Information & Related Documents

Interpretation & Revision

Any questions of interpretation regarding this policy shall be referred to the Chief of Police. They will be the final authority regarding the interpretation of this policy. 

This policy shall be reviewed every 3 years, however minor changes and updates can be made at any time.  

Wentworth will typically apply the policy in place at the time it receives a report concerning the respected policy. 

Additionally, in instances where two or more policies are implicated, a case-by-case determination will be made to determine what policy will be used. 

Review and Revision History

This Policy was drafted by representatives from Wentworth Police Department, Student Affairs, and the Division of Equity and Inclusion. It was reviewed by the President’s Cabinet and approved by the President on 9/13/2023.  

This is a new policy.  

1 Mandated Reporters as Defined by State Law

Massachusetts law defines the following professionals as mandated reporters: 

Child Abuse: G. L. c. 119, § 51  

  • Police officers  
  • Medical examiners  
  • Medical interns  
  • Nurses  
  • Physicians  
  • Dentist  
  • Social workers  
  • Clergy member of any religious body or other religious leader  
  • Coach or educator  
  • Day care workers  
  • Podiatrist  
  • Drug/alcohol/family or guidance counselors  
  • Firefighters  
  • EMTs  
  • Foster parents  
  • Hospital personnel  
  • Parole officers  
  • Probation officers  
  • Psychiatrists  
  • Psychologists  
  • School teachers and administrators  

Disabled Abuse: G.L. c. 19C, § 1   

  • Police officers  
  • Medical examiners  
  • Medical interns  
  • Nurses  
  • Physicians  
  • Dentists  
  • Social workers  
  • Day care workers  
  • Educational administrators  
  • Family and guidance counselors  
  • Foster parents  
  • Probation officers  
  • Psychologists  
  • School teachers  
  • Hospital personnel  
  • Employees of private service providers to disabled individuals  

Elder Abuse: G.L. c. 19A, § 15

  • Police officers  
  • Medical examiners  
  • Medical interns  
  • Nurses  
  • Physicians  
  • Dentists  
  • Social workers  
  • Physician assistants  
  • Psychologists  
  • EMTs  
  • Family counselors  
  • Firefighters  
  • Occupational therapists  
  • Osteopaths  
  • Podiatrists  
  • Physical therapists  
  • Probation officers  
  • Council on Aging Directors and outreach workers  
  • Directors of Home Health Homemaker  
  • or Assisted Living Agencies (Director must establish procedures for staff reporting)