California has a statute (I hesitate to say “law” but that’s another story) called the Child Abuse and Neglect Reporting Act. Will all those in favor of child abuse or neglect please raise their hands? Nobody? So how could anyone object?
Some background: the statute designates certain people as “mandated reporters” of child abuse or neglect. These “reporters” include people whose duties involve regular contact with children, or supervisors of such people. Some higher-ups at the California State University System, which includes San Jose State where I teach a single class, hit the panic button recently and decided every employee in the whole system, tens of thousands of people, would be designated a “mandated reporter.” This would include not just teachers but also janitors, clerks, administrators, etc.
This decision sets up some really nasty incentives.
First, designated reporters are subject to fines and/or jail time if they fail to report an incident. Nothing is said about penalties for filing false reports. Therefore, sure as God made green apples, reports will surge. Anyone who even remotely suspects something that smacks of child abuse will file a report because they have nothing to lose by doing so and a lot to lose by not doing so.
Second, those who file reports are not civilly or criminally liable for their reports. Their identities are kept secret. Here we have a door wide open for anonymous attacks on anybody for just about any reason. Anybody can concoct a story and then hide out, knowing their target could well spend ungodly amounts of time and money digging himself out from under the accusation.
Notice I said “himself.” White males are prime targets, especially those who are “politically incorrect,” including this humble writer.
It’s true that I and many of my colleagues have almost no contact with children. An under-eighteen student might on rare occasions find her way into one of our upper division classes. So it would seem we are at minimal risk. But in fact we are at great risk from charges of something similar to child abuse: sexual harassment. As far as I know there isn’t a mandated reporter law about sexual harassment but that hardly matters – I’m sure we can get in just as much hot water if charged with sexual harassment as with child abuse. All it would take is some female student, unhappy with her grade, to concoct some story about goings-on in my office, or merely some remark or look I supposedly gave her in class. Again, I’d be toast.
We have been ordered to sign a form acknowledging our status as child-abuse reporters. We’ll see. And that’s not all: an online indoctrination course is coming our way. I endured a similar course at Santa Clara University and I cringe at the prospect. Note to students with an entrepreneurial bent: start a business taking these “courses” on behalf of recalcitrant faculty.
Incidentally, where is the union when I need them? Yes, there’s a faculty union which has been helping itself to part of my paycheck for many years now without my permission and with no discernable benefit to me. As yet I have heard nothing from the union on this matter, and I don’t expect to.
Notes On Liberty 
Why white males as opposed to any other males..?
White males aren’t directly implicated, but in generally speaking, these days white males are consider guilty till proven innocent.
Yah. Welcome to being a black male. We’ve been guilty till proven innocent for over 400 years. Wanna team up? The enemy of my enemy and all that…
I see many civil lawsuits against the state in the near future.
Yes, that and whenever the state forces you to do the police’s job job it will imply the accused has fewer civil liberties (e.g. no warrants). I’ve always considered it a principle of liberty that citizens cannot be obligated to act as police and whenever they are something suspicious is afoot.
From a moral-ethical standpoint, I would encourage everyone to consider him-/herself mandated to report child abuse. From a legal standpoint, however, I hope the institutionally-designated mandated reporters who do not fall under the customary so-called helping professions (e.g. counseling) are given training to understand their roles and responsibilities, boundary training, etc. I am surprised at the designation of professions whose professional education does not, at least typically, include the type of information expected of mandatory reporters. Based on your description of the statute, I also question the constitutionality of a suspected abuser not having to face his/her accuser. If this law existed alone, there would be a risk fo bias towards erroneous or false reporting. However, there are civil and criminal penalties that can apply if a person is demonstrated to have filed a false report, particularly if malice can be demonstrated. An important topic. I would take exception to the idea that white males are targeted by this law, however. If white males are disproportionately affected, I would suggest it is more likely because they are disproportionately represented in positions of privilege and power through education and employment and, thus, designated at a higher level as mandatory reporters. Ultimately, children need protection.
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