Walters State Community College

Campus Police Department

Sex Crimes Prevention Act

The federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002 require that whenever a sex offender becomes employed, enrolls as a student or volunteers at an institution of higher education in the state of Tennessee, he or she must complete or update the Tennessee Bureau of Investigation (TBI) sexual offender registration/monitoring form and deliver it to TBI headquarters in Nashville.  As defined in section 40-39-102 of the Tennessee Code, a "sexual offender" means a person who is, or has been, convicted in this state of committing a sexual offense or who is, or has been, convicted in another state or another country, or who is or has been convicted in a federal or military court, of committing an act which would have constituted a sexual offense if it had been committed in this state.  A "sexual offense" means the commission of acts including but not limited to aggravated and statutory rape, sexual battery, sexual exploitation of a minor, aggravated prostitution, and kidnapping.

Both acts designate certain information concerning a registered sexual offender as public information and therefore amend and supercede the Family Education Rights and Privacy Act (ERPA) and other federal and state laws that previously prohibited the disclosure of such personal information. Since the laws require the publication of information pertaining to sexual offenders employed, enrolled, or volunteering at an educational institution, said publication does not constitute grounds for a grievance or complaint under institutional or Tennessee Board of Regents policies or procedures.

Campus Notification

When a registered sexual offender enrolls at, is admitted to, is hired by, volunteers at or otherwise practices a vocation at WSCC, the following will occur: 

1.         Upon notification that a sexual offender has registered or enrolled, WSCC’s higher education law enforcement agency shall notify the Vice President of Student Affairs or his/her designee of the registrant’s status as a registered sexual offender. 

2.         Upon notification that a sexual offender has been hired by or will volunteer or otherwise practice a vocation at WSCC, the higher education law enforcement agency shall notify the Vice President for Business Affairs or his/her designee of the registrant’s status as a registered sexual offender. 

3.         The higher education law enforcement agency shall determine whether, prior to July 1, 1997, the registrant committed sexual offenses required to be registered. 

4.         The higher education law enforcement agency shall also determine whether, on or after July 1, 1997, the registrant committed sexual offenses required to be registered. 

5.         If the registrant committed sexual offenses on or after July 1, 1997, his/her registry information (see #8) is public information and may be disclosed.  

6.         If the registrant committed any sexual offense prior to July 1, 1997, the higher education law enforcement agency shall determine whether release of information related to the sexual offense is necessary to protect the public.[1]  This determination shall be communicated to the appropriate Vice President or his/her designee. 

7.         For sexual offenses committed prior to July 1, 1997, if the higher education law enforcement agency deems release of the registrant’s relevant information necessary to protect the campus community, the information listed below (see #8, below) shall be released to the campus community.[2] 

8.         Information that may be released:  “Relevant information deemed necessary to protect the public concerning a specific offender who is required to register under Tennessee’s sexual offender registration statute” means the following: 

(1)     The offender's complete name as well as any aliases; 

(2)     The offender's date of birth; 

(3)     The sexual offense or offenses or violent sexual offense or offenses of which the offender has been convicted; 

(4)     The primary and secondary addresses including the house numbers, county, city, and ZIP code area in which the offender resides;    

(5)     The offender's race and gender; 

(6)     The date of the last verification of information by the offender; 

(7)     The most recent photograph of the offender that has been submitted to the TBI sexual offender registry; 

(8)     The offender's driver license number and issuing state, or any state or federal issued identification number; 

(9)     The offender's probation and parole officer; and 

(10)   The name and address of any institution of higher education in the state at which the offender is employed, carries on a vocation, or is a student. [3]

9.      The above information shall be disseminated using means determined by the education institution’s law enforcement agency and/or the institution’s administration to be appropriate.  These include, but are not limited to, the following: 

1. Via a web link to the TBI sexual offender registry;
2. A group e-mail message via the campus list serve to employees and students containing the registrant’s TBI link to the sexual offender registry;
3. Group mail distribution via campus mail and/or list serve to employees and students providing the registrant’s name and other information that may be disclosed;
4. Flyers or bulletins distributed to employees and institutional offices for posting within the campus’s geographic perimeters;
5. Flyers or bulletins mailed directly to employees, including faculty and staff in whose program/courses the registrant is enrolled, and students in such courses;
6. Discussion during crime prevention meetings; or
7. Other methods deemed appropriate by the institution.

10.       The higher education law enforcement agency or other appropriate administrative personnel may meet with the registrant to make him/her aware of the institution’s release of TBI registry information.  

11.       The higher education law enforcement agency and/or appropriate institutional personnel may notify the registrant of the disclosure of TBI registry information, but are not required to provide such notice.  The registrant is not entitled to any appeal or review related to the release of information. 

Immunity: 

WSCC and its employees and agents are immune from civil liability for damages for any release of information.[4]           

Sexual Offender Registry

1. Purpose: The purpose of this policy is to maintain compliance with the federal Campus Sex Crimes Prevention Act and the Status University Campus Sex Crimes Prevention Act as well as to establish procedures relative to TCA - 40.39.102 - 40.30.110 for the reporting of sexual offenders. The Sexual Offender Registration and Monitoring act was established by the Tennessee Bureau of Investigation and became effective January 1, 1995.  All persons who live, work or attend school in Tennessee must register with the Tennessee Bureau of Investigation's Sex Offender Registry Program. Therefore, all students, employees, or visitors who have been convicted of a sexual offense and who will be spending an extended period of time on any Walters State Campus, are required to register with the Tennessee Bureau of Investigation via the Campus Police Office. Forms will be made available and submitted as applicable.
   

2. Sexual Offender Release Notification Form:
   The Sexual Offender Release Notification Form will be made available in the Campus Police Office. The form must be completed and submitted by the official explaining the program to the offender and submitted to TBI headquarters within ten (10) days at:
   
               Tennessee Bureau of Investigation
               SOR
               901 R. S. Gass Blvd.
               Nashville, Tennessee 37216-2639
   
   The Sexual Offender Release Notification Form shall be completed and forwarded to the TBI, regardless of the most recent date of submission to maintain compliance with TBR policy and state law.
   

3. Public and Institutional Notification:
   The TBI is responsible for maintaing a centralized record system of sexual offender registration and verification information. It must also maintain the information on the State of Tennessee Internet home page www.tbi.state.tn.us
   
   Campus Police will be responsible for release relevant information deemed necessary to protect the public concerning a specific sexual offender who is required to register under law. Such notice to the public may be by any means including written notice, electronic transmission of registration information or, providing on line access to registration at http://www.ws.edu/campuspolice/.