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In the wake of recent allegations of sexual assaults of minors on college campuses, Boston College recently issued a reminder to faculty and staff advisors of BC’s registered student organizations about their legal responsibilities to report suspected crimes.
The memorandum, sent by General Counsel Joseph M. Herlihy, cites the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, a federal law requiring universities to compile and publish crime statistics on an annual basis for their campuses and adjacent areas. In compliance with the Clery Act, BC has identified faculty and staff advisors as among the campus security authorities who are required to report crimes for inclusion in the security statistics.
Crimes mandated for inclusion in the crime statistics include murder and non-negligent manslaughter, forcible and non-forcible sex offenses, robbery, aggravated assault, motor vehicle theft and arson.
While the definitions of these crimes can be “a technical matter,” Herlihy said, it is the obligation of faculty and staff advisors to report to the Boston College Police any criminal activity that may fall under these categories. This obligation is triggered, he said, whether the advisor learns of the crime by direct observation, through disclosure by a victim, witness, or perpetrator, or by a third party who may have some knowledge other than mere rumor.
Herlihy added that faculty or staff advisors are not required to investigate suspected crimes: “You do not need to determine exactly what crime, or indeed whether a crime actually took place; nor are you required to disclose the name of any victim who requests confidentiality.” Reporting a crime does not mean that criminal charges must be filed, but may simply help police obtain information for statistical reporting, and for improving campus safety.
“Your reporting may also allow a victim, witness or perpetrator to discuss with police options for handling an incident,” said Herlihy.
Herlihy noted that Massachusetts law also carries reporting requirements pertaining to child abuse and neglect. These are relevant because many Boston College programs and sponsored programs involve bringing persons under 18 to campus or otherwise in contact with faculty, staff and students. Those employees or students who have such contact must report to the Department of Youth Services “all instances where they have reasonable cause to believe a child is suffering physically or emotionally from abuse, including sexual abuse, or neglect.”
The memorandum urged faculty or staff who have concerns that a child is being abused to contact the Boston College Police or the General Counsel’s Office immediately, “so that we can assist you in making all required reports under Massachusetts law.”