The purpose of this Policy and Reporting Procedure is to provide guidance to all Juilliard faculty, staff, students and other adult members of the Juilliard community regarding child abuse reporting requirements.
This Policy and Reporting Procedure applies to all adults associated with Juilliard who come into contact with minor children while on the Juilliard campus or at Juilliard sponsored off-campus programs or activities.
Under New York law, individuals in certain occupations have a legal obligation to report suspected child maltreatment or abuse, including sexual abuse, to child protective services. However, any person should report abuse if he or she has reasonable cause to believe that a child has been abused.
The following persons, among others, are required by law to report:
- School officials, including but not limited to instructors, counselors, administrators and medical personnel (“Mandated Reporters”).
A report is required when the Mandated Reporter has reasonable cause to suspect:
- A child coming before him or her in his or her professional or official capacity is an abused or maltreated child.
- The parent, guardian, custodian or other person legally responsible for the child comes before the reporter and states from personal knowledge facts, conditions, or circumstances that, if correct, would render the child an abused or maltreated child.
“Reasonable cause to suspect” child abuse or maltreatment means that, based on one’s rational observations, professional training and experience, one has a suspicion that the parent, or other person legally responsible for a child, is responsible for harming that child or placing that child in imminent danger of harm. Such suspicion can be as simple as distrusting an explanation for an injury.
It is Juilliard’s position that all adults associated with Juilliard, whether faculty, staff, other employee, student or volunteer, have an obligation to report suspected child abuse, whether or not they are required to do so by law. Any adult who has a reasonable suspicion that a Minor who is on the premises for any reason, or is participating in a Juilliard-sponsored activity at another location, has been physically or sexually abused; physically or emotionally neglected; exposed to any form of violence or threat; exposed to any form of sexual exploitation, including the possession, manufacture or distribution of child pornography; online solicitation; enticement or showing of obscene material must at a minimum make a report to: (i) the program director (if any); and (ii) the Dean of Student Affairs, Assistant Dean for Student Affairs or Director of Human Resources
Under New York law, an “abused child” is a child under 18 years of age whose parent or other person legally responsible for his or her care:
- Inflicts or allows to be inflicted upon the child serious physical injury;
- Creates or allows to be created a substantial risk of serious injury; or
- Commits sexual abuse against the child or allows sexual abuse to be committed.
”Other person legally responsible” refers to a guardian, caretaker or other person 18 years of age or older who is responsible for the care of the child (including individuals acting in loco parentis).
Child abuse includes physical abuse, physical neglect, sexual abuse and emotional abuse.
- Physical abuse: Non-accidental physical injury of a child, ranging from superficial bruises and welts to broken bones, burns or internal injuries. Includes actions that create a substantial risk of physical injury.
- Physical neglect: Withholding or failing to provide adequate food, shelter, clothing, hygiene, medical care, education or supervision such that the child’s physical, mental or emotional condition is impaired or at risk of being impaired.
- Sexual abuse: Engaging a child in any form of sexual activity or in a sexual performance.
- Emotional abuse: Acts or omissions that cause or could cause serious conduct, cognitive, affective or other mental disorders. Examples include isolating, terrorizing, corrupting or verbally abusing the child. May also include emotional neglect, such as withholding physical and emotional contact.
Under New York law, a “maltreated child” is a child under 18 years of age whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his or her parent or other legally responsible person for the care of a child to exercise a minimum degree of care:
- In supplying the child with adequate food, clothing, shelter, education, medical or surgical care, though financially able to do so or offered financial or other reasonable means to do so;
- In providing the child with proper supervision or guardianship;
- By unreasonably inflicting, or allowing to be inflicted, harm or a substantial risk thereof, including the infliction of excessive corporal punishment (i.e., punishment severe enough to cause physical harm to the child by, for example, causing pain, leaving a mark, etc.);
- By misusing a drug or drugs;
- By misusing alcoholic beverages to the extent that he/she loses control of his/her actions;
- By any other acts of a similarly serious nature requiring the aid of the Family Court; or
- By abandoning the child.
Sexual abuse and maltreatment include situations in which the parent or other person legally responsible for a child under 18 years of age commits or allows to be committed, any one of the following activities:
- Touching a child’s mouth, genitals, buttocks, breasts or other intimate parts for the purpose of gratifying sexual desire; or forcing or encouraging the child to touch the parent, or other person legally responsible, in this way for the purpose of gratifying sexual desire.
- Engaging or attempting to engage the child in sexual intercourse or deviant sexual intercourse.
- Forcing or encouraging a child to engage in sexual activity with other children or adults.
- Exposing a child to sexual activity or exhibitionism for the purpose of sexual stimulation or gratification of another.
- Permitting a child to engage in sexual activity which is not developmentally appropriate when such activity results in the child suffering emotional impairment.
- Using a child in a sexual performance such as a photograph, play, motion picture or dance regardless of whether the material itself is obscene.
- Giving indecent material to a child.
Sexual abuse and maltreatment include such criminal offenses as sexual assault, indecent exposure, rape, sodomy, other non-consensual sexual conduct and prostitution.
Source: N.Y.S. Office of Children & Family Services
1. Ensure that the child is in a safe environment. If the child is in imminent danger, call 911 immediately to obtain protection for the child.
2. In cases of observed molestation or physical abuse or in medical emergencies, call 911 immediately.
3. Do not directly question or solicit information from the child or the person suspected of improper behavior. The role of investigation is the responsibility of the appropriate authorities.
4. Mandated Reporters must immediately report the suspected abuse by telephone to the New York Statewide Central Register of Child Abuse and Maltreatment (SCR). The SCR is open 24 hours a day, seven days a week. Reporters are not required to notify the parents or other persons legally responsible for the child, either before or after a call is made to SCR. In some instances, alerting a parent or guardian may hinder the local Child Protective Services (CPS) investigation and adversely affect its ability to assess the child’s safety.
Reports may be made anonymously. Although you aren’t required to give your name, it is recommended that you do so. A caseworker may want to contact you for clarification or to obtain additional information. Your name will be kept confidential.
The following telephone numbers should be used to report suspected child abuse or maltreatment:
Mandated Reporters - (800) 635-1522
Public Hotline - (800) 342-3720
The CPS Specialist who answers your call will ask you for as much information as you can provide about the suspected child abuse or maltreatment and/or the family about which you are calling. Even if you have very little information available to you, you must still report the suspected abuse. The following are examples of some of the questions you may be asked:
- What is the nature and extent of the child's injuries or the risk of harm to the child?
- Have there been any prior suspicious injuries to this child or his/ her siblings?
- What is the child's name, home address and age?
- What is the name and address of the parent or other person legally responsible (or third party) who caused the injury or created the risk of harm to the child?
- What are the names and addresses of the child's siblings and parents, if different from the information provided above?
- Do you have any information regarding other treatment of the child?
5. Oral reports to the SCR from a Mandated Reporter must be followed within 48 hours by a written report to the local department of social services’ CPS unit on form LDSS-2221A. A copy of this form and the local mailing address can be obtained by contacting your local department of social services, by visiting the New York State Office of Children and Family Services (OCFS) website at www.ocfs.state.ny.us/main/cps (for a copy of the form) and www.ocfs.state.ny.us/main/localdss.asp (for the local address,) or by contacting the Office of Legal Affairs. The OCFS website is also a useful source of additional information on child abuse and reporting obligations.
6. All individuals reporting suspected child abuse or neglect, including those not required by law to report the incident to SCR, must at a minimum report the incident to: (i) the program director (if any); and (ii) the Dean of Student Affairs, Assistant Dean for Student Affairs or Director of Human Resources, who will determine appropriate next steps.
7. Individuals reporting suspicions or knowledge of child abuse or neglect must also file a report with the School’s Office of Legal Affairs as soon as practicable. A reporting form can be found in Appendix A to this Policy and is also available from the Office of Legal Affairs. Juilliard will, as a matter of policy, conduct its own internal investigation of allegations of child abuse. All information submitted to Legal Affairs, including the identity of the reporter, will remain confidential.
If an allegation of child abuse or inappropriate conduct is made against an Authorized Adult, as defined in The Juilliard School Working With Minors Policy, he or she must immediately discontinue any further participation in all programs and activities involving minors until Juilliard has resolved the allegation to its satisfaction.
At any point in the foregoing process, any individual reporting an incident of suspected child abuse may contact the Office of Legal Affairs for help or guidance.
Any member of the Juilliard community who is convicted of the abuse of a minor, regardless of whether the abuse occurred on or off campus, will be terminated from employment or dismissed from the School. If Juilliard determines, by a preponderance of the evidence, that any member of the School community has abused a child, either on or off campus, Juilliard may impose disciplinary action up to and including termination of employment or dismissal from the School.
Retaliatory action taken against anyone acting in good faith who has reported child abuse or who has been involved in reporting, investigating or responding to child abuse will be subject to discipline, up to and including termination of employment or dismissal from the School.
Under New York law, any person, official or institution participating in good faith in the making of a report of child abuse or maltreatment, the taking of photographs in connection therewith or the removal or keeping of a child suspected of being a victim of child abuse has immunity from any liability, civil or criminal, that might otherwise result by reason of such actions.
Any person required to report suspected child abuse in his/her capacity as a faculty or staff member shall immediately notify the Office of Legal Affairs or the Dean of Student Affairs.
Under New York law, any person, official or institution required to report a case of suspected child abuse or maltreatment who willfully fails to do so is guilty of a class A misdemeanor and is civilly liable for any damages caused by such failure.
The list that follows contains some common indicators of abuse or maltreatment. This list is not all-inclusive, and some abused or maltreated children may not show any of these symptoms.
Indicators of Physical Abuse can include:
- Injuries to the eyes or both sides of the head or body (accidental injuries typically only affect one side of the body);
- Frequently appearing injuries such as bruises, cuts and/or burns, especially if the child is unable to provide an adequate explanation of the cause. These may appear in distinctive patterns such as grab marks, human bite marks, cigarette burns or impressions of other instruments;
- Destructive, aggressive or disruptive behavior;
- Passive, withdrawn or emotionless behavior; and
- Fear of going home or fear of parent(s).
Indicators of Sexual Abuse can include:
- Symptoms of sexually transmitted diseases;
- Injury to genital area;
- Difficulty and/or pain when sitting or walking;
- Sexually suggestive, inappropriate or promiscuous behavior or verbalization;
- Expressing age-inappropriate knowledge of sexual relations; and
- Sexual victimization of other children.
Indicators of Maltreatment can include:
- Obvious malnourishment, listlessness or fatigue;
- Stealing or begging for food;
- Lack of personal care – poor personal hygiene, torn and/or dirty clothes;
- Untreated need for glasses, dental care or other medical attention;
- Frequent absence from or tardiness to school; and
- Child inappropriately left unattended or without supervision.
Source: N.Y.S. Office of Child and Family Services www.ocfs.state.ny.us/main/cps/signs.asp
Additional information and support can be obtained from the following sources:
- Dean of Student Affairs, ext. 7447
- Assistant Dean for Student Affairs, ext. 200
- Director of Human Resources, ext. 355
- Assessment and Care Team (ACT), ext. 7300
- Juilliard Counseling Services, (212) 769-3918
- Prevent Child Abuse New York, 1-800-CHILDREN
A list of common indicators of child abuse and maltreatment can be found in Appendix B to this Policy.
Any questions or concerns regarding your obligations under this Policy and Reporting Procedure should be addressed to the Office of Legal Affairs.