7.1 The definitions contained within this Section are applicable to this Rule. However,
these definitions do not supersede or supplant the definitions of these terms provided
under West Virginia law, including those used within the West Virginia Child Welfare
Act, Chapter 49 of the West Virginia Code. This Act may provide other obligations
7.2 “Child” means any person under the age of eighteen (18) years.
7.3 “Child Abuse or Neglect” means Sexual Abuse, physical injury, mental or emotional
injury, sale or attempted sale, negligent treatment or maltreatment of a child by
an adult, any other act that endangers or attempts to endanger the health, safety,
or well-being of a child, or anything else that is otherwise prohibited by West Virginia
law intended to protect children.
7.4 “Direct Contact” means when an adult’s interaction with a Visiting Child involves
the care, supervision, guidance, or control of a Visiting Child.
7.5 “Mandatory Reporters” means any individual obligated by West Virginia law to report
any type of Child Abuse or Neglect, including physical or Sexual Abuse. Under West
Virginia law, this includes: Any medical, dental or mental health professional, Christian
Science practitioner, religious healer, school teacher or other school personnel,
social service worker, child care or foster care worker, emergency medical services
personnel, peace officer or law-enforcement official, humane officer, member of the
clergy, circuit court judge, family court judge, employee of the Division of Juvenile
Services, magistrate, youth camp administrator or counselor, employee, coach or volunteer
of an entity that provides organized activities for children, or commercial film or
photographic print processor who has reasonable cause to suspect Child Abuse or Neglect
or observes the child being subjected to conditions that are likely to result in Child
Abuse or Neglect. See W. Va. Code § 49-2-803.
7.5.1 Furthermore, under West Virginia law, any person over the age of eighteen who
receives a disclosure from a credible witness or observes any Sexual Abuse of a child
is also a Mandatory Reporter. Any school teacher or other school personnel who receives
a disclosure from a witness, which a reasonable prudent person would deem credible,
or personally observes any sexual contact, sexual intercourse or sexual intrusion,
as those terms are defined in article eight-b [§§ 61-8B-1 et seq.], chapter sixty-one,
of a child on school premises or on school buses or on transportation used in furtherance
of a school purpose is also a Mandatory Reporter; Provided, that this subsection will
not impose any reporting duty upon school teachers or other school personnel who observe,
or receive a disclosure of any consensual sexual contact, intercourse, or intrusion
occurring between students who would not otherwise be subject to section three [§
61-8B-3], five [§ 61-8B-5], seven [§ 61-8B-7] or nine [§ 61- 8B-9] of article eight-b,
chapter sixty-one of the West Virginia Code. See W. Va. Code § 49-2-803 (2017).
7.5.2 However, for the purposes of this Rule, all University Faculty and Staff are
considered Mandatory Reporters.
7.6 “Member of the Campus or University Community” means (i) an individual engaged
in any University activity or program, whether on or off campus; (ii) any individual
lawfully on University property; (iii) any individual that is a University Student,
Faculty, Staff, University official, University volunteer, or a University visitor;
and (iv) any vendor or contractor, including that vendor’s or contractor’s employees
and independent contractors, who are working on campus.
7.7 “President” means the President of the University or his or her designee.
7.8 “Sexual Abuse” is a form of Child Abuse or Neglect and means any wrongful or otherwise
illegal act that involves the sexual molestation or exploitation of child or is otherwise
sexual in nature, whether physical injuries are sustained or not.
7.9 “Staff” means any Classified or Non-Classified Employee as Full or Part Time.
This includes Student Employees.
7.10 “Student” means an individual subject to the Fairmont State University Board
of Governors Policy 17 (or its successor Rule), the Student Code of Conduct.
7.11 “Title IX Coordinator” means the University’s Title IX Coordinator or his or
7.12 “Area” means any department, budget unit, college, other identifiable employee
group, or combination thereof.
7.13 Visiting Child” means any person under the age of eighteen (18) years who is
attending a Fairmont State University program or activity or any person under the
age of eighteen (18) years who is on University premises. However, this definition
does not include children at general public events where parents or guardians are
invited and expected to provide supervision of children. Additionally, it does not
include any person under the age of eighteen (18) years who is enrolled as a Fairmont
State University student.