S-18 Maricopa County Community College District Registered Sex Offender Notification Procedure

The Campus Sex Crime Prevention Act (CSCPA), (section 1601 of Public Law 106-386), is a Federal Law enacted on October 28, 2000. In compliance with this law, the Maricopa County Community College District (MCCCD) will work in collaboration with the Sheriff’s Department to identify convicted registered sex offenders enrolled as students at one of MCCCD’s colleges or working at the District office or at any of the MCCCD colleges (in paid or unpaid positions).

GENERAL INFORMATION

  1. In accordance with the CSCPA, the MCCCD will provide on its Sex Offender Information and Notification website, a link to the Arizona Sex Offender Registry website and instructions on how to access it.
  2. Arizona Revised Statutes require persons convicted of any of the following 21 different offenses to register as sex offenders: 1) unlawful imprisonment if the victim is under 18 years of age; 2) kidnapping if the victim is under 18 years of age; 3) sexual abuse if the victim is under 18 years of age; 4) sexual conduct with a minor; 5) sexual assault; 6) sexual assault of a spouse; 7) molestation of a child; 8) continuous sexual abuse of a child; 9) taking a child for the purpose of prostitution; 10) child prostitution; 11) commercial sexual exploitation of a minor; 12) sexual exploitation of a minor; 13) luring a minor for sexual exploitation; 14) aggravated luring a minor for sexual exploitation; 15) unlawful age misrepresentation for the purpose of committing a sexual offense 16) sex trafficking of a minor; 17) a second or subsequent violation of indecent exposure to a person under 15 years of age; 18) a second or subsequent violation of public sexual indecency to a minor under the age of 15; 19) a third or subsequent violation of indecent exposure; 20) a third or subsequent violation of public sexual indecency; and 21) violations relating to the failure to register as a sex offender. (See A.R.S. §13-3821).
  3. The Arizona Department of Public Safety classifies sex offenders according to levels. The levels consist of Level 1: Low risk to the community, Level 2: Intermediate risk to the community, and Level 3: High risk to the community.
  4. By law, Registered Sex Offenders (RSO) are required to contact the Maricopa County Sheriff’s office or local police agency when they enroll in or are employed at a college—in either paid or unpaid status. (A.R.S. §13-3821).
    1. Level Two and Level Three Offender’s Obligation to Notify the College:

      STUDENTS

      1. Current Students who are enrolled and receive their final classification or a change in classification as a Level 2 or Level 3 sex offender during their period of enrollment must notify the Campus Public Safety Officer within five (5) business days of the start of the semester. Campus Public Safety Officers for each college and for the district office can be found. The Campus safety officer will schedule a meeting with the Dean of Students (or designee) and the Registered Sex Offender student to take place within ten (10) days of the notification to Public Safety.
        1. Failure to comply with this procedure may lead to discipline under the Student Code of Conduct as well as possible criminal penalty as outlined in Arizona state law.
      2. Potential Students who have been designated as a Level 2 or Level 3 sex offender must notify the Campus Public Safety Officer to arrange a meeting when they intend to enroll at a College. Campus Public Safety Officers for each college and for the district office can be found at the MCCCD Police website. This meeting must take place at least ten (10) calendar days prior to the start of classes. The meeting shall include the RSO, the Dean of Students (or designee), and the Campus Public Safety Officer.)
        1. A person who is classified as a Level Two or Three sex offender has been admitted to MCCCD and who has failed to timely to register pursuant to these procedures may be subject to discipline under the Student Code of Conduct as well as possible criminal penalties as outlined in Arizona state law.

      EMPLOYEES

      1. Current Employees who receive their final classification or a change in classification as a Level 2 or Level 3 sex offender during their period of employment must immediately notify the Campus Public Safety Officer. The campus public safety officer will arrange meeting with the Human Resources Manager (or designee) at the individual campus and the Registered Sex Offender employee. Campus Public Safety Officers for each college and for the district office can be found at the MCCCD Police website. The meeting with the college human resources manager and the Campus Public Safety Officer must take place within ten (10) days of the original notification to Public Safety.
      2. Potential Employees who have been classified as a Level 2 or Level 3 sex offender must notify the Campus Public Safety Officer to arrange a meeting when they are offered employment at the College. Campus Public Safety Officers for each college and for the district office can be found at the MCCCD Police website. This meeting must take place at least ten (10) calendar days prior to the start of employment. The meeting shall include the RSO, the college human resources manager and the Campus Public Safety Officer (or their designees).
  5. COLLEGE OFFICIALS' MEETING WITH LEVEL 2 OR LEVEL 3 SEX OFFENDER
    1. After notification that a student or employee has been classified as a Level Two or Three Sex Offender, MCCCD Public Safety will collect information from the RSO student or employee, probation/parole officer, Sheriff’s Office, and/or arresting agency regarding the type of crime, conditions for probation, and/or level of risk.
    2. For Students: MCCCD Public Safety will notify the Dean of Student Affairs (or designee) when a RSO has enrolled or expressed a desire to enroll at a MCCCD college. A representative from the Student Affairs office shall participate in the required meeting with the RSO.
      1. An RSO identification must be placed in the Advocate online system. The identification should include a summary of the offense/court-ordered conditions in place upon release, information from the parole/probation officer, and possible interventions needed at the college/District level.
    3. For Employees: MCCCD Public Safety will notify District and college Human Resources (or designee) when an RSO has registered due to being offered employment with the MCCCD or is a current employee who has been classified as a Level Two or Three Sex Offender.  A representative from District and the identified college’s Human Resources department shall participate in the required meeting with the RSO.
      1. An RSO identification must be placed in the employee’s personnel file. The identification should include a summary of the offense/court-ordered conditions in place upon release, information from the parole/probation officer, and possible interventions needed at the college/District level.
    4. At the meeting referred to above, the student or employee who is classified as a Level Two or Three sex offender will be advised of the following information:
      1. The College’s knowledge of his/her final classification.
      2. The College’s obligation to provide public access to Level 2 & 3 sex offender information through its Department of Public Safety.
      3. Any restrictions that will be imposed on the sex offender—based on any Court restrictions, restraining orders, or orders of protection that may be in place—and the duration of such restrictions.
      4. If the offender is classified at Level 3, he/she is further informed of:
        1. The College’s policy of posting notice at each college campus within two (2) days of receipt of the RSO’s information, regardless of when the meeting occurs.
        2. The Level 3 RSO will receive a copy of the community notification the College intends to post.
        3. The functional areas of the College which will be provided with the public notification that will be posted.
      5. At any time, the Department of Public Safety can communicate with the offender’s parole/probation officer.
  6. FERPA: The CSCPA further amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to clarify that nothing in the Act can prohibit an educational institution from disclosing information provided to the institution concerning the presence of registered sex offenders.
  7. ANNUAL AND OFF-CYCLE REVIEWS: Public Safety and the Student Affairs Dean (or designee) or Human Resources representative, depending on the status of the RSO, shall meet on an annual basis to review the conditions of enrollment, employment, and campus engagement. Additional, off cycle, reviews should be conducted when an RSO student or employee transfers within MCCCD or new information about criminal conduct has been received. District imposed conditions may be removed, added, or altered based on changes in enrollment location(s), legal case status, new criminal activity, and/or disciplinary standing. Both Public Safety and Dean of Students or Human Resources professionals, for students and employees, respectively, shall maintain documentation regarding all initial, annual, and off-cycle meetings and reviews.
  8. FAILURE TO NOTIFY CAMPUS ADMINISTRATION: Failure to notify campus administration, as outlined in this procedure, of one’s status as a RSO may lead to discipline up to and including removal from classes and/or suspension from participation in academic or extra-curricular programs, termination from employment as well as possible criminal penalty as outlined in Arizona state law.
  9. CAMPUS AND COMMUNITY NOTIFICATION OF RSO STATUS: Pursuant to Arizona law, the MCCCD shall make campus notifications of RSO status, as follows:
    1. For level two and level three offenders, the MCCCD Public Safety Office, in conjunction with the Public Safety office at each college will coordinate with the local law enforcement agency responsible for the individual community notifications to ensure the sex offender notification is provided to the individual campus community.
    2. The Sex Offender Information and Notification website will host the notification of RSO’s employed by or attending a MCCCD college, including employment with the District office. 
    3. For Colleges with facilities off-site from the main campuses that receive a registered sex offender community notification flyer from a local law enforcement agency, building managers are advised to post the flyer the building’s common area easily accessed by students, staff, and faculty for a at least thirty (30) days. Specific information and instructions related to the community notification will be contained in the flyer and such instructions should be followed.
    4. Any criminal activity involving a registered sex offender should be reported to police.
  10. ADMINISTRATIVE OVERSIGHT:
    1. Students: A campus administrator has the right to, at her or his discretion, require currently enrolled RSOs to attend regular meetings. The meetings will serve as a way to monitor compliance with conditions for enrollment and assist with student success. The frequency, duration, attendees to the meeting, and location of the meetings will vary based upon the needs of the RSO.
    2. Employees: A supervisor, in conjunction with a Human Resources representative, at her or his discretion, may require currently employed RSOs to attend regular meetings. The meetings will serve as a way to monitor compliance with conditions for employment and assist with student success. The frequency, duration, attendees to the meeting, and location of the meetings will vary based upon the needs of the RSO.

ADOPTED by Direct Chancellor Approval, March 6, 2019