SOU Human Resources
All Employees
Mandatory Child Abuse Reporting
The Oregon Legislature has enacted new legislation expanding Oregon’s mandatory child abuse reporter law to include ALL employees of colleges and universities. This law took effect January 1, 2013, applies to ALL Southern Oregon University (SOU) employees, and is both a professional and personal obligation. With the recent implementation of this law, it is important that all SOU faculty and staff understand their obligations as mandatory reporters of child abuse. (HB 4016, ORS 419B.010)
Summary of Legislative Changes
Certain SOU employees (child care workers, medical care providers) have always been considered “public and private officials” covered under Oregon’s mandatory abuse reporting law. For those individuals, nothing has changed. What’s new is that the law now defines ALL UNIVERSITY EMPLOYEES as “public and private officials” making them mandatory child abuse reporters as well. The law does not cover volunteers, contractors, or students who are not employees (unless they happen to work in a profession that is already included among the list of mandatory child abuse reporters).
Child Abuse Reporting Obligation
You must immediately report to the Department of Human Services (DHS) or law enforcement if you have “reasonable cause to believe” that any child with whom you come into contact has suffered abuse, or that any person with whom you come into contact has abused a child. A child is any unmarried person under 18 years of age.
24/7 Personal Obligation
It is important to understand that the child abuse reporting obligation is a personal obligation, regardless of whether the suspected abuse is related to the workplace. This means that you are a mandatory child abuse reporter 24 hours a day/7 days a week. You are required to report suspected child abuse anytime, anywhere. In other words, whether you learn of suspected abuse or a suspected abuser while at work, while coaching your child’s soccer team, or when shopping for groceries on the weekend, your reporting obligation is the same. Because this is your personal obligation, you are the one responsible for reporting child abuse to DHS or law enforcement and it is not enough for you to only report the child abuse to your supervisor and/or the university. However, please know that SOU also requires that you report the incident to your supervisor when you encounter suspected abuse or a suspected abuser while acting in your official capacity as an SOU employee. This is IN ADDITION to your obligation to report the child abuse to DHS or law enforcement.
How to Make a Report
The report should be made orally in the county where the reporter is located at the time of the suspicious contact. You can reach Jackson County’s abuse reporting line 24 hours a day by calling (541) 858-3197 locally, or (855) 503-SAFE (7233) toll free. DHS or law enforcement will keep your identity confidential unless ordered by a court to disclose the information. (ORS 419.015) A link to reporting information for other Oregon counties can be found at: http://www.oregon.gov/DHS/CHILDREN/CHILD-ABUSE/Pages/ReportingNumbers.aspx
What the Report Should Include
If known, the report should include:
- Name and age of the child.
- Nature and extent of abuse, including evidence of previous abuse.
- Explanation given for the abuse.
- Names and addresses of the child’s parents or others responsible for the child’s care.
- Other helpful information to establish the cause of the abuse or the identity of the perpetrator.
Consequence for Failure to Report
A failure to report is a Class A criminal violation of the law and carries a maximum penalty of $2,000. Some mandatory reporters have also been sued for damages in civil court for failure to report.
What is Considered Abuse
Below is a summary of what is generally considered abuse. The complete legal definition (ORS 491B.005) can be found at: http://www.oregonlaws.org/ors/419B.005
- Physical injury, caused by other than accidental means, including an injury that appears to be at variance with the explanation given for the injury.
- Mental injury, which includes only observable and substantial mental impairment caused by cruelty, with due regard to the culture of the child.
- Sexual abuse, including rape, sodomy, unlawful sexual penetration or incest.
- Exploitation, including prostitution of the sexual delinquency of a minor or any conduct that allows or encourages a child to perform sexual acts for observation, photographing, filming, etc.
- Neglect, including failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the child’s health or welfare.
- Threatened harm, meaning subjecting a child to a substantial risk of harm to the child’s health or safety, including exposing a child to the manufacture of methamphetamines or to any controlled substance that subjects a child to a substantial risk of harm.
- Buying or selling a person under 18 years of age.
“Abuse” does not include reasonable discipline unless the discipline results in one of the conditions described above.
Immunity from Liability for Making a God Faith Report
Anyone participating in good faith in making a child abuse report has immunity from any criminal or civil liability. This immunity is also in place with respect to participation in any subsequent judicial proceeding. (ORS 419B.025)
Links to Other Resources
The Oregon Department of Human Services has a Mandatory Reporter training video available for view on its website. The video runs roughly 25 minutes, and provides valuable information to explain what it means to be a mandatory reporter. Links to other DHS materials include a FAQ page, “Questions and Answers about Reporting Abuse and Neglect”, and a booklet entitled “What You Can Do About Child Abuse.” We encourage you to visit the DHS website and review the additional support materials to gain confidence in your new role as a mandatory reporter.
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Classified Staff Employees / SEIU CBA Requirements
Article 64: Mutual Respect
Section 1. The Employer and the Union agree that mutual respect between and among managers, faculty, employees, co-workers and supervisors is integral to the efficient conduct of 108 the University’s business. Behaviors that contribute to an intimidating, abusive or bullying work environment, will not be tolerated. They include, but are not limited to:
These behaviors include, but are not limited to:
- threatening or intimidating behavior or words (written or oral);
- obscenities/profanities (verbal or gestures) directed at a person;
- threatening or obscene gestures, jokes, or cartoons;
- degrading a person or a group on the basis of a personal or cultural characteristic;
- taunting, jeering, mocking, or humiliating another person through acts or words;
- screaming and/or yelling at others;
- insulting someone, especially in the presence of others; and,
- endangering the safety of an individual or individuals.
Section 2. SEIU-represented employees who believe that they are subject to such behavior should raise their concerns with their immediate excluded supervisor as soon as possible, but no later than thirty (30) days from the occurrence of the incident(s). Employees may also email the University’s Chief Human Resources Officer or designee, and their Local Union Chief Steward, for awareness during this step In the event that the employee’s concerns are not addressed by the supervisor within thirty (30) days the Union, on behalf of the employee(s), may file a complaint with the University’s Chief Human Resource Officer (“CHRO”), or designee. Such statements of complaint shall include specific allegations of acts violating Section 1 of this Article, including dates, times, witnesses (if any), and any previous incidents. At the request of the local Union, the CHRO or designee shall hold a meeting with the local Union and the employee within thirty (30) calendar days of receipt of the complaint. The CHRO or designee shall investigate and respond to the employee in writing within thirty (30) calendar days of receipt of the complaint or conclusion of a meeting, if one is held. The timelines in this Section may be extended by mutual agreement.
Employees who engage in this process should understand that each University takes these concerns seriously and will address them accordingly, but will not share personnel decisions. If reported behaviors persist after a complaint has been filed, employees are encouraged to utilize this process so that the University can take the additional information into consideration.
Engaging the above process does not preclude the employee from pursuing other available options to address their concerns.
Section 3. The parties agree that issues relating to inappropriate workplace conduct by employees or supervisors not covered by Article 19 – No Discrimination, are appropriate for discussion at monthly meetings under Article 18 – Grievance and Arbitration Procedure, Section 12. 109
Section 4. Every January, each university will remind employees of available university resources for dealing with inappropriate workplace conduct by means such as memoranda or electronic mail.
Section 5. The Union acknowledges the university’s right to deal directly with employees in resolving complaints of inappropriate workplace conduct, provided bargaining unit employees maintain their rights to grieve discipline under applicable provisions of the Agreement, pursuant to the grievance procedure.
Section 6. Employees are encouraged to provide constructive feedback regarding their direct supervisor using a process determined by their university.
Section 7. The provisions of this Article are not subject to grievance or arbitration.
Article 51: Safety and Health
Section 1. Proper safety devices and clothing shall be provided by the university for all employees engaged in work where such devices are necessary to meet the requirements of the Department of Consumer and Business Services and the Oregon Safe Employment Act (ORS 654.001 to 654.295 and 654.991). Such equipment, where provided must be used.
The Employer will ensure that workplaces, at a minimum, meet legal standards for health and safety. Upon request of the employee, the Employer will provide the employee with ergonomics information and appropriate training through the process available on each campus.
Section 2(A). If an employee claims that an assigned job or vehicle is unsafe or might unduly endanger the employee’s health and for that reason refuses to do the job or use the vehicle, the employee shall immediately give specific reason(s) in writing to the supervisor. The supervisor shall request an immediate determination by the university Safety Representative, or if none is available, a Safety Representative of the Department of Consumer and Business Services as to whether the job or vehicle is safe or unsafe.
(B) Pending determination provided for in this Section, the employee shall be given suitable work elsewhere.
- C) Time lost by the employee as a result of any refusal to perform work on the grounds that it is unsafe or might unduly endanger the employee’s health shall not be paid by the university unless the employee’s claim is upheld.
Section 3. If in the conduct of official duties an employee is exposed to serious communicable diseases which would require immunization or testing, or if required by the university, the employee shall be provided immunization against or testing for such communicable disease without cost to the employee and without deduction from accrued sick leave. Where immunization or testing shall prevent or help prevent such disease from occurring, employees shall be granted accrued sick leave with pay for the time off from work required for the immunization or testing. An employee shall notify the employee’s supervisor immediately when the employee has knowledge of exposure to a communicable disease.
Section 4. Each university will maintain a written procedure for the safe evacuation of buildings in the event of fire, explosion, and threats involving explosive devices or other actual or potential disaster. The written procedure will provide for reasonable efforts to notify employees that a bomb threat has been received when the employees’ work locations are in areas to which the threats have been specifically directed. If management has determined that such a bomb threat does not justify evacuation, an employee so notified, whose absence in management’s opinion would not compromise safety, security or health, will be allowed to leave the employee’s work location on leave without pay status for no longer than the remainder of the 89 employee’s scheduled work shift. The Union will be given the opportunity to provide information to management officials responsible for developing and maintaining notification/evacuation/search procedures and to discuss with such officials any perceived problems with the procedures. Following discussion between the Union and the university management, the procedure will be made known to all employees.
Section 5. The university will, at least annually, advise employees of the name and telephone number of the university Safety Representative. Employees are encouraged to report any condition believed to be unsafe to the Safety Representative. After investigation, the reporting employee will be advised promptly of the results of the investigation and the corrective action taken. This does not preclude employees exercising their rights under the law or this Article.
Section 6. The Employer shall have a written hazardous material communication program. This written program shall be available to employees and their representatives. Employees shall be informed of any toxic or hazardous materials in their workplace.
Section 7. The Employer shall solicit and consider the Union’s comments concerning the policies and procedures referred to in Section 6 of this Article.
LOA Paid Leave Oregon Program
At least annually, the Employer will provide employees with resources related to the Paid Leave Oregon program and how it interacts with other benefits offered to employees.
Contact HR
Churchill Hall 159
1250 Siskiyou Boulevard
Ashland, OR 97520
Email: hrs@sou.edu
Phone: (541) 552-8553
Fax: (541) 552-8508
Hours: Monday-Friday, 8:00 a.m. – 5:00 p.m. [excluding university holidays]
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