Campus Sex Crimes Prevention Act

The Campus Sex Crimes Prevention Act of 2000 (CSCPA), which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, supplemented the Wetterling Act's general standards for sex offender registration and community notification programs by enacting provisions which are more specifically designed to ensure that the members of campus communities have information available concerning the presence of registered sex offenders.

The CSCPA also enacted two amendments to Federal education laws. One of these is an amendment to the Higher Education Act of 1965 which requires institutions of higher education to advise the campus community where it can obtain the information about registered sex offenders provided by the State (pursuant to 42 U.S.C. § 14071(j)), such as the campus law enforcement office, a local law enforcement agency, or a computer network address. See 20 U.S.C. § 1092(f)(1)(I). 

The other is the Family Educational Rights and Privacy Act of 1974, which makes it clear that FERPA does not prevent educational institutions from disclosing such information. 

The CSCPA requires that:

  1. Convicted sex offenders required to register under state law must also disclose their status as a sex offender to the Maricopa County Community Colleges District’s affiliated College at which the person is employed, carries a vocation or is a student. Convicted sex offenders must also notify each change of enrollment or employment status to the Maricopa County Community College District’s affiliated College. Definitions for student and employee are:
    1. An individual enrolled at one or more of the Maricopa County Community College District’s affiliated Colleges on a full-time or part-time basis; or
    2. An individual that has any sort of full-time or part-time employment enrolled at one or more of the Maricopa County Community College District’s affiliated Colleges or the District office, with or without compensation, for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year. 
  2. The state of Arizona must make this information available to a law enforcement agency where a Maricopa County Community College District affiliated College is located.
  3. The Maricopa County Community College District will issue a statement advising the District community where law enforcement information provided by a state, concerning registered sex offenders may be obtained (20 U.S.C. § 1092(f)(1)(I)).

As prescribed in the law, the Maricopa County Community College District and its affiliated Colleges hereby notify the District community where law enforcement agency information concerning registered sex offenders may be obtained. The Arizona Department of Public Safety (DPS) is responsible for the Arizona Sex Offender Information Page.

Registered Sex Offender Notification Procedure

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

For Scottsdale Community College (SCC):
Since SCC is located within the geographic borders of the Salt River Pima-Maricopa Indian Community, Registered Sex Offenders students must adhere to additional community regulations. Beyond meeting with SCC's Office of Public Safety, RSOs must register and meet with the Sex Offender unit at the Salt River Police Department. This meeting must take place prior to the beginning of the semester the RSO wishes to attend. The RSO must also meet with the Sex Offender unit at the Salt River Police Department every three months they attend SCC.

Family Educational Rights and Privacy Act (FERPA) and Release of Data on Registered Sex Offenders

The Family Educational Rights and Privacy Act (FERPA) is amended (§ 1232g(b)(7)(A)) to make it clear that FERPA does not prohibit release of data on registered sex offenders under this law. See the Family Policy Compliance Office guidance entitled: “Disclosure of Education Records Concerning Registered Sex Offenders.” (https://www2.ed.gov/policy/gen/guid/fpco/hottopics/ht10-24-02.html)  

The guidance states in relevant part:
"Thus, nothing in FERPA prevents an educational institution from disclosing information provided to the institution under the Wetterling Act concerning registered sex offenders, including personally identifiable, non-directory information from education records that is disclosed without prior written consent or other consent from the person. The authority of educational institutions to make such disclosures extends both to information about registered sex offenders made available by a State in carrying out the specific requirements of the CSCPA (42 U.S.C. § 14071(j)), and information about registered sex offenders that may otherwise become available to educational institutions through the operation of State sex offender registration and community notification programs."

Under the provisions of the Family Educational Rights and Privacy Act, as amended by the Campus Sex Crimes Prevention Act, the Maricopa County Community College District and its affiliated Colleges will disclose information concerning registered sex offenders. The purpose of this reporting is to ensure that members of the campus community have information available concerning the presence of registered sex offenders.

Pursuant to Arizona Revised Statute 13-3821, a person convicted of certain sexual offenses as described in that code is required to register within 72 hours with the sheriff of the county they reside in after their release or move to a new place of residence. 

This law also states a person who is required to register and who is a student at a public or private institution of post-secondary education or who is employed or carries on a vocation, with or without compensation, at a public or private institution of post-secondary education shall notify the county sheriff. The person shall also notify the sheriff of each change in enrollment or employment status at the institution.

Pursuant to Arizona Revised Statute 13-3825, the Maricopa County Community College District Public Safety Department, as the local law enforcement agency, will be notifying the campus community. 

The Maricopa County Community College District Public Safety Department will coordinate with the local law enforcement agency responsible for the individual community notifications to ensure the sex offender notification is provided to the MCCCD community. For MCCCD departments with facilities off-site from the ten main College campuses that may receive a registered sex offender community notification flyer from a local law enforcement agency, Facilities managers are advised to post the flyer the building’s common area easily accessed by students, staff and faculty for a suggested time period of thirty (30) days.  Specific information and instructions related to the community notification will be contained in the flyer.  Any criminal activity involving a registered sex offender should be reported to police.

Any person who is required to register as a sex offender in Arizona shall provide notice as required under state law. The offender is required to report such information concerning registered sex offender’s enrollment or employment and to make this information available promptly to the Maricopa County Community College District’s affiliated College Public Safety Office. (See, Procedures for Notification).

Registration Levels

Level 2 – Moderate Risk Offender
Level 3 – High Risk Offender

ANY USE OF THIS INFORMATION TO THREATEN, INTIMIDATE, HARASS, OR CREATE A CRIMINAL ACT AGAINST ANOTHER PERSON WILL RESULT IN CRIMINAL PROSECUTION