Mandated Reporting of Child Sexual Abuse Policy

SUNY's Mandatory Child Sexual Abuse Reporting & Prevention Policy

On December 17, 2012, the State University of New York Board of Trustees adopted a resolution to mandate the reporting of incidents of child sexual abuse on University property and at University-sponsored events, and to take steps to prevent such incidents. The SUNY policy mandates the reporting of child sexual abuse for all SUNY activities on and off campus.

Purpose of the Policy: To protect minors who are present on SUNY campuses or participating in SUNY-sponsored activities. The policy should be enforced as any other conduct rules on campus. All members of the University community have a role to play in preventing sexual abuse of children and providing University Police with relevant information about the victim and assailant so that law enforcement consequences will be triggered. It is a violation of the policy for a member of the University community to attempt to handle a case of sexual abuse "in house," within a department, residence hall, or athletic team, for example. All reports must be brought to the attention of University Police for further investigation and handling as a criminal matter. Importantly, the Board has stressed that there shall be no retaliation or retribution against anyone based on making a report under this policy.


SUNY Policy

Policy on Mandatory Reporting and Prevention of Child Sexual Abuse, available on the SUNY Policies and Procedures website in the 'Protection of Minors' category.

Campus Compliance with New Policy

Who Does the Policy Apply To:  The policy applies to all State-operated campuses.  The policy is not directly applicable to Community Colleges, but they were strongly encouraged to adopt similar protections into their local policies relating to minors.

What the Policy Requires: All SUNY employees, students, and volunteers have an AFFIRMATIVE DUTY to report Child Sexual abuse to the applicable University Police Department (UPD) when they have a reasonable cause to suspect that any sexual abuse of a child has occurred on SUNY property, or while off-campus during State University business or University-sponsored/affiliated events.

Threshold for Reporting: Reasonable cause to suspect

When a SUNY employee, student, or volunteer has a reasonable cause to suspect that any sexual abuse of a child occurring on SUNY property or while off-campus during official State University business or University-sponsored/affiliated events has occurred, they must report.

Campus Procedures and Action: 
The Board directed each state-operated campus to adopt local procedures to implement the policy. The local procedures needed to accomplish all of the following:

Police Action: Along with initiating its standard investigatory procedures and notifications to other campus offices (such as Human Resources or Student Affairs), UPD, in turn, must notify the SUNY Commissioner of University Police of the receipt of such a report.

Notice on Confidentiality and the SUNY Policy

Comparison of SUNY's Policy on Mandatory Reporting and Prevention of Child Sexual Abuse and the 2014 SUNY Child Protection Policy

Mandatory Prevention and Reporting of Child Sexual Abuse Policy

Child Protection Policy

Aimed at DETECTION and REPORTING of CHILD SEXUAL ABUSE

Aimed at PREVENTION, DETECTION, and REPORTING of CHILD SEXUAL and PHYSICAL ABUSE

Open-ended: leaves most implementation decisions to the campus

SPECIFIC ACTION ITEMS for all campuses

Applies in ALL circumstances where children are present, whether on or off campus, if its University business

LIMITED APPLICABILITY:  ONLY when University, University Affiliate (as defined in the policy), or third party has children in their custody, control, and supervision

Mandates reporting of sexual abuse and training for purposes of sexual abuse detection

Requires campus-specific procedures to prevent sexual and physical abuse

  • Training
  • sex offender registry searches
  • Designation of responsible university

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The information contained on the SUNY Compliance website is for general campus guidance only and is not intended, nor can be relied upon, as legal advice or the imposition on SUNY campuses of specific policies or requirements. The site is intended to be an informational-only clearinghouse for some of the laws, rules, and regulations that may impact the State University of New York’s campuses. Additionally, given the rapid, changing nature of laws, rules and regulations, there may be delays or omissions contained on this site which therefore cannot be relied upon as complete. For complete compliance information, consult your campus compliance officials. For legal advice, consult your lawyer.

Compliance