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Reporting of Abuse, Exploitation or Neglect of Elderly or Disabled Persons (D-46)

Original Implementation: August 1, 2000
Last Revision:  October 18, 2010

The purpose of this policy is to comply with state law that requires the reporting of abuse, exploitation, or neglect of elderly or disabled persons, as those terms are defined in Section 48.002 of the Human Resources Code. Employees and students of the university are required to report to the appropriate department head for the area involved if they have reasonable cause to believe that an elderly or disabled person has been abused, exploited or neglected within the university and its programs. The department head shall contact and advise the general counsel regarding the report. A thorough investigation shall be conducted as outlined in the Human Resources Code promptly after receiving the report. If the report involves a disabled person, the Office of Disability Services will be advised and included in the investigation process. If necessitated by the result of the investigation, the allegation shall be reported to the appropriate regulatory agency. Allegations involving clients of the Department of Assistive and Rehabilitative Services shall be reported to the commission-assigned liaison or client's sponsoring counselor. A substantiated allegation shall result in appropriate disciplinary or legal action.
Definitions

  1. "Abuse" means:
    1. the negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain to an elderly or disabled person by the person's caretaker, family member, or other individual who has an ongoing relationship with the person; or
    2. sexual abuse of an elderly or disabled person, including any involuntary or nonconsensual sexual conduct that would constitute an offense under Section 21.08, Penal Code (indecent exposure) or Chapter 22, Penal Code (assaultive offenses), committed by the person's caretaker, family member, or other individual who has an ongoing relationship with the person. 
  2. "Neglect" means the failure to provide for one's self the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain or the failure of a caretaker to provide such goods or services.

 
Cross Reference: Texas Human Resources Code Chapter 48

Responsible for Implementation:  General Counsel

Contact for Revision: Director of Disability Services, General Counsel

Forms:   None