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Pima County Community College District Standard Practice Guide

SPG Title:  Sex Offender Notification
SPG Number:
   SPG-1505/AB
Effective Date:  5/7/08
Approval Date:  5/7/08
Review Date(s):  
Revision Date(s):  
Schedule for Review & Update:  Annually
Unit Responsible for Review & Update:   
Sponsoring Unit/Department:  Executive Vice Chancellor for Administration
Regulation Title & No.:  Sexual Violence, RG-1505/A
Board Policy Title & No.:  Institutional Security, BP-1505
Legal Reference:  Campus Sex Crimes Prevention Act (section 1601 of Public Law 106-386), Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 USC §1092(f), Jacob Wetterling Crimes Against Children and Sexually Violent Offender Act, 42 USC §14071, and A.R.S. §13-3826 (community notification guidelines)
Cross Reference:  Department of Public Safety Operational Directive 908, Sex Offender Notification


PURPOSE

Pima County Community College (“PCC” or “the College”) strives to provide a safe environment for its students, faculty, staff, visitors and guests.  To promote the safety and welfare of its campuses and sites, the College will provide to the College community timely and appropriate notification of the presence of known Level 2 or Level 3 registered sex offenders who may be on College premises.  This notification will be in accordance with current applicable state and federal laws regarding this subject.

The purpose of this procedure is to implement Board Policy on institutional security as it relates to sexual violence and sexual abuse, and College community notification of a sex offender’s presence on a College campus or site.

BACKGROUND

Assessment of Risk

When a sex offender is released from jail/prison or is sentenced to probation, the Arizona Department of Corrections or the respective county adult probation agency is required to enter information about the offender into a statewide accessible database.  This information must include an assessment of the sex offender’s predicted risk of recidivism.  The Arizona risk assessment system evaluates various criteria that have been identified by treatment experts as good predictors of future behavior.  The assessment and evaluation process determines whether a particular sex offender possesses a Level 1 (low), Level 2 (intermediate), or Level 3 (high) risk of harm to the community.

Notification Requirements

Arizona law requires a sex offender to register with the sheriff in the county where he/she resides.  In addition, a sex offender who is a student, employee, volunteer, or who carries on a vocation at any college, university, or institution of post-secondary education is required to register this information with the sheriff in the county where such institution is located.  

As part of notifying the community, State law requires the Pima County Sheriff’s Department (“the Sheriff”) and the Tucson Police Department (“TPD”) to notify the College of a registered Level 2 or Level 3 sex offender who is a student, employee, volunteer, or who carries on his/her vocation at the College.  These agencies provide these alerts to the Pima County Community College Department of Public Safety (“DPS”).

Once such advice is received, state law requires that the College notify the College community of Level 2 and Level 3 sex offenders on its premises.  The College will not notify the College community of Level 1 sex offenders as State law only allows notification on Level 1 sex offenders to those with whom the offender resides.  In addition, Federal law requires institutions of higher learning to advise their communities as to where law enforcement agency information concerning registered sex offenders may be obtained.

The Federal Campus Sex Crimes Prevention Act designates that information concerning registered sex offenders is public information and, as such, is exempted from provisions of the Family Education Rights and Privacy Act (FERPA) and other federal and state laws that might otherwise prohibit the disclosure of such information.

Non-Retaliation

Under Arizona Law, Sex Offender Notification information shall not be used to threaten, intimidate, or harass a sex offender.  Any use of Sex Offender Notification information to threaten, intimidate, or harass a sex offender should immediately be reported to DPS.

PROCEDURE

I.       College Receipt of Sex Offender Notification

Within one business day of receiving a Sex Offender Notification from the Sheriff or TPD, DPS shall conduct a search through College databases to determine if the sex offender referenced in the notification is a current student, employee, volunteer, or carries on a vocation at the College.

After conducting the search, if DPS determines that the sex offender is a current student, employee, volunteer or is carrying on a vocation at the College, the notification responsibilities will be conducted in accordance with Sections II and III of this SPG. If the sex offender is not a current student, employee, volunteer, or is not carrying on a vocation at the College, the notification will be filed in DPS records and no further action shall be undertaken by DPS, except as provided in Section IV of this SPG.

II.      Posting and Notification of Sex Offender Information to the College Community

Within ten business days after DPS determines that a Level 2 or Level 3 registered sex offender is a current student, employee, volunteer or is carrying on a vocation at the College, the following notification procedure shall be completed.  There are no exceptions to the time limit regarding notification to the College community.

A.      DPS’s Website

1.  DPS shall post on its website a “Sex Offender Information Page.” The Sex Offender Information Page shall contain the sex offender’s name, picture, exact address, campus or site affiliation, a summary of the sex offender’s status and criminal background, and whether the sex offender is a student, employee, volunteer or carries on a vocation at the College.

2.  Information concerning the existence and location of the College website that contains Sex Offender Information Pages will be published annually in the Student Handbook and the Personnel Policy Statement for College Employees.

B.      Campus and Site Bulletin Boards

1.  DPS will distribute “Sex Offender Information Flyers” to those individuals designated in Section III (A-1). The flyers will contain the sex offender’s name, picture, exact address, campus or site affiliation, a summary of the sex offender’s status and criminal background, and whether the sex offender is a student, employee, volunteer or carries on a vocation at the College. The Sex Offender Information Flyer shall also indicate that if anyone has any additional questions concerning the matter, DPS may be contacted by dialing 206-2700.

2.  Each Campus President or site Director will be responsible for designating a minimum of one specific bulletin board at his/her site as the official posting site for the Sex Offender Information Flyers.  The designated bulletin board(s) will be in areas of high visibility known to the College community.

3.  Information about the location of designated sex offender bulletin boards will be posted on the DPS website “Sex Offender Information Page.”

C.      Print and Electronic Media

1.  DPS will alert the College community by print and electronic media that a sex offender is a student, employee, or volunteer, or is carrying on a vocation at the College.  The College community shall be notified of the sex offender’s name, picture, exact address, a summary of the sex offender’s status and criminal background, and whether the sex offender is a student, employee, or volunteer, or carries on a vocation at the College.  DPS will also assist the College Media Relations Office in preparing a press release to other print and electronic media.

D.      Other Alerts

1.  Nothing in this procedure shall restrict DPS or the Executive Vice Chancellor for Administration from providing additional notifications concerning a Sex Offender should DPS determine that a particular sex offender’s case warrants the giving of additional notices or information not referenced in Sections II and III.

III.    Dissemination of Information Process

The notification process to the College community must be completed within ten (10) business days of the initial Sex Offender Notification received by DPS.  There are no exceptions to the time limit regarding notification to the College community.  As a courtesy, the College will attempt to notify the Sex Offender of this process within the same ten (10) business day timeframe.

Notification concerning sex offenders will be made as follows:

A.      Sex Offender Who Is a Student

1.  DPS will provide all Campus Presidents, Deans of Student Development, Deans of Instruction, the Provost and Executive Vice Chancellor of Academic and Student Services, the Executive Vice Chancellor for Administration and the Vice Chancellor of Human Resources with a copy of the Sex Offender Notification regarding the Sex Offender.

2.  Each Campus President and Site Director will be responsible for ensuring that the notification process is carried out at his/her location by the required deadline.

3.  A Dean of Student Development in the company of a DPS police officer will be responsible for notifying the Sex Offender of the impending notification process, preferably within the ten (10) business day period.  If this cannot be done within the ten (10) business day period, it will be done as soon as reasonably possible.

4.  Each Dean of Student Development at his/her campus will be responsible for notifying:  a) the staff of any campus Child Care Center, and b) administrators of Aztec Middle College, Vision High, and other educational entities either on the College premises or affiliated with the College, of the presence of the Sex Offender.

5.  Each Dean of Instruction, at his/her campus, will be responsible for notifying instructors who are directly involved with the Sex Offender.

6.  Each Campus President and Site Director will be responsible for notifying any other employees or persons that such Campus President and/or Site Director deems appropriate of the presence of the Sex Offender.

7.  It is the responsibility of the Campus President to confirm to DPS via an electronic checklist (Section V) the completion of the notification process.

8.  The Campus President(s) of the applicable campus (es) will be responsible for determining if the Sex Offender may continue in the program/classes for which he/she is registered.  Should the Campus President determine that the Sex Offender should be removed from the program/class, the Sex Offender may appeal this decision to the Provost whose determination will be final.

B.      Sex Offender Who Is an Employee

1.  DPS will provide the Chancellor and Vice Chancellor for Human Resources with a copy of the Sex Offender Notification regarding the Sex Offender.

2.  The Vice Chancellor for Human Resources or designee will be responsible for notifying the Sex Offender of the impending notification process, preferably within the ten (10) business day period.  If this cannot be done within the ten (10) business day period, it will be done as soon as reasonably possible.  A DPS officer may accompany any College employee who is providing notification to a Sex Offender.

3.  It is the responsibility of the Vice Chancellor of Human Resources to confirm to DPS via an electronic checklist (Section V) the completion of the notification process.

4.  The Vice Chancellor for Human Resources will be responsible for determining if the Sex Offender properly disclosed his/her Sex Offender status on any employment application form.  It is the responsibility of the employee to disclose his/her Sex Offender status on the Employment Application.  Should the employee fail to do so, he/she is subject to disciplinary action up to and including termination of employment.

5.  The Chancellor will be responsible for determining whether or not a Sex Offender will be able to continue his/her employment with the College.  Should the Chancellor determine that the Sex Offender should be terminated such recommendation shall be subject to any applicable College due process policy.

C.      Sex Offender Who is a Volunteer

1.  DPS will provide the Vice Chancellor for Human Resources with a copy of the Sex Offender Notification regarding the Sex Offender.

2.  The Vice Chancellor for Human Resources  or designee shall be responsible for notifying the Sex Offender of the impending notification process, preferably within the ten (10) business day period.  If this cannot be done within the ten (10) business day period, it will be done as soon as reasonably possible.  A DPS officer may accompany any College employee who is providing notification to a Sex Offender.

3.  It is the responsibility of the Vice Chancellor of Human Resources to confirm to DPS via an electronic checklist (Section V) that the notification process has been completed.

4.  The Vice Chancellor for Human Resources shall determine whether the Sex Offender may continue to volunteer for the College. The Vice Chancellor for Human Resource’s decision shall be final.

5.  If the Vice Chancellor for Human Resources determines that a Sex Offender may not continue to volunteer for the College, the Vice Chancellor for Human Resources shall be responsible for notifying, in writing, and if reasonably possible, in person, that the Sex Offender may not work as a volunteer for the College.

D.      Sex Offender Who Carries on a Vocation at the College

1.  College contracts shall include a provision prohibiting the contractor from using registered sex offenders on College property unless express permission is provided by the Executive Vice Chancellor for Administration.

2.  If a College contractor intends to have a Level 2 or Level 3 registered sex offender work at any College campus or site, the contractor must provide the Executive Vice Chancellor for Administration with ten days advance written notice of such intention.

3.  Upon receiving the written notice referenced in the preceding paragraph, the Executive Vice Chancellor for Administration shall determine whether the registered Level 2 or Level 3 sex offender may work at any College campus or site, and if so, under what conditions.  This decision will be provided to the contractor by the Executive Vice Chancellor for Administration.  The Executive Vice Chancellor for Administration’s decision shall be final.

4.  If the Executive Vice Chancellor for Administration determines that a Level 2 or Level 3 sex offender may work at a College building or on College property, the College community shall be notified as set forth in Sections II and III.  In addition, the Executive Vice Chancellor for Administration shall notify DPS of the situation and shall require the contractor to inform the registered sex offender of the College’s notification procedures.

5.  It is the responsibility of the Executive Vice Chancellor for Administration to confirm to DPS via an electronic checklist (Section V) that the notification process has been completed.

IV.     Maintenance and Review of Records

DPS shall maintain records on all registered sex offenders covered under this procedure and shall be responsible for verifying the offenders’ status on a continuing basis as follows:

A.      College databases for each Sex Offender who at the time of initial notification was not a student, employee, or volunteer, or an individual who was carrying on a vocation at the College, will be checked over a two-year period not less than twice a year dating from the receipt of initial notification to determine if his/her status has changed.  If at any time during the two-year period DPS determines that the Level 2 or Level 3 registered sex offender has become a student, employee or volunteer, or is carrying on a vocation at the College, the notification procedure set out in Sections II and III shall be followed.

B.      For each Sex Offender who at the time of initial notification was a student, employee, volunteer, or was an individual carrying on a vocation at the College, DPS will determine a schedule to monitor his/her ongoing relationship with the College.  DPS will conduct a status check not less than twice a year to determine whether the Sex Offender remains a current student, employee, volunteer, or is an individual carrying on a vocation at the College.

1.       If the status check indicates that a Level 2 or Level 3 registered sex offender is no longer a student, employee, or volunteer, and is not carrying on a vocation at the College, this fact will be reflected in DPS records, and all information on the Level 2 or Level 3 sex offender shall be removed from the DPS Sex Offender Information Page.

2.       DPS will also notify the Campus Presidents, site Directors, and appropriate Executive Vice Chancellors of the Level 2 or Level 3 registered sex offender’s change of status.  It will be the responsibility of the Campus Presidents, site Directors, and appropriate Executive Vice Chancellors to ensure the removal of all applicable Sex Offender Information Flyers from College bulletin boards.

3.       For a period of two years after the Level 2 or Level 3 registered sex offender is no longer a student, employee, or volunteer, or is not carrying on a vocation with the College, the procedure set out in Section V for Sex Offenders shall be followed to determine whether the individual has resumed his/her relationship as a student, employee, or volunteer, or is carrying on a vocation at the College.

4.       If the status check indicates that the Sex Offender remains or resumes his/her status as a student, employee, volunteer, or as an individual carrying on a vocation at the College, the notification procedure set out in Sections II and III above shall be repeated.

C.     DPS may destroy records concerning any Level 2 or Level 3 registered sex offender two years after DPS determines that such individual was not or is no longer a student, employee, volunteer, or is not carrying on a vocation with the College.

V.      Campus President Compliance Check List

Campus or Site ______________________ Date          ________________

Executive Administrator or Site Director_________________________________________

Signature: __________________________________________________

Sex Offender Identification:

  • Name of offender:  ________________________________
  • Campus/Site Location(s) attending/working on Pima Community College Department of Public Safety Notification Flier: _____________________
  • Status:
    • ____  Student
    • ____  Employee
    • ____  Vocation – Contractor
    • ____  Volunteer
    • ____  Vice Chancellor for Human Resources

I verify that the following notifications have happened according to the SPG – 1505.

  • The identified sex offender has been notified that his/her picture will be posted at the approved campus/site locations by:
    • ____  Dean of Student Development
    • ____  Site supervisor
    • ____  Vice Chancellor for Human Resources
    • ____  Executive Vice Chancellor for Administration
  • The appropriate college community has been notified of the presence of the sex offender by the Campus Dean of Instruction, Site Supervisor or Executive VP for Administration
    • ____  Instructors teaching his/her classes
    • ____  Appropriate support staff
    • ____  Co-workers
    • ____  Campus Child Development Center
    • ____  Campus Aztec Middle College
    • ____  Other   ____________________