BCM19 Reporting Crimes/Meeting Clery Act Requirements

Purpose

This procedure provides the background, rationale, and process for employees of Penn State Behrend to report crimes occurring on or around campus. The procedure supports the requirements for meeting the federal law known as the Clery Act.

Background

All postsecondary institutions that participate in federal Title IV student aid programs are required to comply with the Clery Act, which mandates that institutions must disclose statistics for crimes reported to campus security authorities. To meet the intent of the Clery Act, all employees of Penn State Behrend designated as Campus Security Authorities, both faculty and staff, are responsible for reporting crimes, directly observed or revealed in good faith by another. To determine if you are considered a Campus Security Authority, please visit the Campus Security Authorities web page. Crimes to be reported include homicide, aggravated assault, sexual assault, including rape, fondling, statutory rape, incest, burglary, robbery, motor vehicle theft, arson, hate crimes, dating violence, domestic violence, stalking, liquor, drug and weapon criminal offenses, and hazing.

Procedure

As an employee of the college, whether faculty or staff: If you observe any of the crimes listed above or if any person reveals to you in good faith that they were a victim of, perpetrator of, or witness to any of these crimes, you are required to contact University Police and Public Safety in the Logan Carriage House immediately or complete the Campus Security Authority Incident Report Form. If you are in doubt as to whether a crime is reportable, you should report it. For the purposes of reporting, you should consider a hate crime to be any criminal offense demonstrating evidence that the victim was intentionally selected by the perpetrator because of their actual or perceived race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, or disability.

For incidents of child abuse and incidents of rape or sexual assault, consult the additional document included with this procedure for further guidelines. Questions regarding reporting obligations should be directed to University Police and Public Safety, Logan Carriage House, 814-898-6101.

Reporting Child Abuse

Purpose

To provide guidance to University employees, volunteers, and independent contractors regarding mandated reporting requirements pursuant to Pennsylvania Child Protective Services Law (CPSL) and pursuant to Penn State Policy. This policy applies broadly and, when in doubt, members of the University community should always err on the side of reporting suspected child abuse.

Background

Under this policy, ALL University employees, volunteers, and independent contractors, regardless of their status as a mandated reporter as defined by Pennsylvania law, who, in the course of their University business or volunteer activity, have reasonable suspicion of child abuse, as defined by Pennsylvania law, must make a report as outlined in this policy. In addition, ALL University employees, volunteers, and independent contractors, who, in the course of their University business or volunteer activity, must make a report as outlined in this policy of the following: (1) when a person makes a specific disclosure to a University employee, volunteer, or independent contractor that an identifiable child is a victim of child abuse, or (2) when an individual 14 years of age or older makes a specific disclosure to a University employee, volunteer, or independent contractor that he/she has committed child abuse. Please note that information learned through any confidential communications made to an attorney subject to the attorney/client privilege or to a member of the clergy subject to the clergy/patient privilege is not required to be reported.

Procedure

If you are making a report as a mandated reporter pursuant to Pennsylvania law or as a University employee, independent contractor, or volunteer, follow these steps:

If a child is in immediate danger, contact the police at 911 to obtain immediate protection for the child.
Immediately make a report by following the instructions below for an (A) Electronic Report or (B) Oral Report:

A. Electronic Report

Make an electronic report using the Child Welfare Portal (the “Portal”). If you have not done so already, you will be required to create an account for the Portal. Complete the report and submit it online. The Portal will then automatically generate a completed Form CY47 based on the report. Download a copy of the completed Form CY 47 and forward as directed in Section 3 below. Solely informing a supervisor that you suspect abuse is NOT sufficient under this Policy or the law.

B. Oral Report

Call the Pennsylvania Department of Human Services via ChildLine (1-800-932-0313) to make the report. After the oral report is made to ChildLine, immediately prepare and submit a written report utilizing Form CY47, which then must be submitted by facsimile, to the County Children and Youth agency where the suspected abuse occurred. Solely informing a supervisor that you suspect abuse is NOT sufficient under this Policy or the law.

Whenever a University employee, volunteer, or independent contractor makes a report to ChildLine, that person shall also immediately make an internal report to the University’s designated agents for purposes of this policy and Pennsylvania Child Protective Services Law by immediately sending an email to [email protected] that attaches the completed Form CY47. If the report is submitted electronically, Form CY47 can be downloaded from the Portal. If the report is submitted orally and the Form CY47 was sent via facsimile to the County Children and Youth agency, please also attach the facsimile confirmation sheet. In response to the email, the reporter will be contacted by either University Police and Public Safety, Penn State’s Office of Ethics and Compliance, and/or Penn State’s Office of Risk Management. All University employees, volunteers, and independent contractors must assist the University, as necessary in gathering information related to the report.
Forward any subsequent communication from the Department of Human Services relating to the report to [email protected].
To the extent provided by law, Penn State will preserve the confidentiality of all child abuse and neglect reports and records to protect the privacy rights of the person making the report.

Policy Violations

Federal, state, and/or local governments have enacted various laws and regulations relating to youth protection to which the University is bound. Compliance with this policy ensures the University is following youth protection reporting obligations. University employees, volunteers, and independent contractors who violate this policy may be subject to disciplinary action.

Title IX: Sexual Harassment and Sexual Misconduct

Purpose

Penn State is committed to fostering an environment free from sexual or gender-based harassment or misconduct. The University is also committed to providing support to those impacted by incidents of sexual or gender-based harassment or misconduct and may provide various resources and support services to individuals who have experienced one of these incidents. This website provides information on what to do if you or someone you know is affected by any of these behaviors.

Background

To establish The Pennsylvania State University’s (“Penn State” or the “University”) policy prohibiting sexual harassment and misconduct, including, but not limited to, acts of sexual violence, sexual harassment, domestic violence, dating violence and stalking, in accordance with Title IX of the Education Amendments of 1972 (“Title IX”). This Policy references other University policies which may be implicated in university disciplinary procedures related to conduct that falls outside the scope of this Policy, including addressing other discriminatory conduct based on sex.

The University encourages all employees to report any incidents of misconduct about which they are aware. Mandatory reporting responsibilities are defined in the University’s policy.

Procedure

Online: Submit an incident report online to the University's Office of Sexual Misconduct Reporting and Response.
Anonymously: File an anonymous report through Reporting at Penn State or by text at 1-888-778-8173.
With the Police: You have the right to file a report with law enforcement and the University. You can file a criminal complaint with University Police and Public Safety or local police department, depending on where the incident took place.
- For on-campus crimes, contact University Police & Public Safety at 814-898-6101 or file a report online.
- For off-campus crimes, contact the local municipality police department or call 911.

Offer Support

Provide information
Learn about the many support resources available to survivors, including medical care, evidence collection, reporting options, and counseling. The more you know, the better you can understand and support the survivor.
Let them make their own decisions
It is important to provide information, but also to allow your friend to make their own choices. Offer to accompany your friend to seek the services that they choose. Support the decisions the survivor makes, even if you do not agree with them.
Remind them you care
Survivors may worry that they will be treated differently. Let your friend know that that is not the case and that you are there to help them through this. The kind of support your friend gets may determine how quickly the person will heal.
Don’t guarantee confidentiality
Penn State employees who are considered mandated reporters must report incidents of sexual or gender-based harassment or misconduct that may violate Title IX and/or University Policy. If you report the incident, explain your reporting responsibilities to the person who has disclosed the information to you.
Take care of yourself
Providing support to a friend in the aftermath of sexual violence can be incredibly difficult. In addition to supporting the survivor, it is important to take care of yourself. It may be helpful to reach out and talk to someone about how you are feeling.

April 2, 2025