Human Resources

Board of Trustees Policy

SUBJECT:

Megan's Law Notification:
Sexually Violent Predators

NUMBER:
6.12
DATE:
February 21, 2012
SUPERSEDES:
March 2008

Purpose

The purpose of the Megan's Law Notification policy is to provide guidelines to employees for compliance with notification requirements under "37 Pa. Code § 56.4, Guidelines for Schools and Children and Youth Services." The policy ensures that the College disseminates information about Sexually Violent Predators to individuals whose duties include supervision of or responsibility for programs for school-aged children and younger. The policy and procedures are intended to balance public safety with the rights of the individual.

Policy

It is the policy of the College to disseminate information about Sexually Violent Predators to individuals whose duties include supervision of, or responsibility for, programs for school-aged children and younger, when it receives a Community Notification, under Megan's Law, from local law enforcement.

Definitions

Sexually Violent Predator: a sexual offender who has been determined by the Court (after evaluation by the Sexual Offenders Assessment Board) to have a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. The Sexually Violent Predator is designated "Sexually Violent Predator" and mandated to lifetime registration on the state’s Megan’s law website. The College does have an affirmative duty to inform those with a need to know as listed below about the person's existence on campus as a student or employee, or if the person is residing within 1,000 feet of either campus.

Sexually Violent Offender: someone who has been convicted of a crime that is sexual in nature and that mandates registration with the state on the state's Megan’s law website, for up to 10 years or longer. The College does not, and cannot, inform relevant members of the community as to the presence of registered Sexually Violent Offenders on the College campus or residing within 1,000 feet of either campus. That information is available on the state's Megan's law website to individual citizens and members of the College community, with specific directives by law enforcement as to how that information is to be handled. www.pameganslaw.state.pa.us

Community Notification—Both Sexually Violent Offenders and Sexually Violent Predators are required by law to register on the state Megan’s Law website. Not all Sexually Violent Offenders, although registered for a set period of years, or even for a lifetime, are automatically to be considered Sexually Violent Predators. Sexually Violent Predators are clearly designated as Sexually Violent Predators on the Pennsylvania Megan’s Law website: www.pameganslaw.state.pa.us

The College is notified, by law enforcement, of:

  1. Sexually Violent Predators or out-of-state offenders who were required to submit to community notification in their state of origin;
  2. Sexually Violent Predators who are students or employees or residing within a 1,000 feet of either campus.

The College is not notified of registered Sexually Violent Offenders on campus or registered Sexually Violent Offenders residing within 1,000 feet of campus – that notification is available to individual citizens on the Megan’s Law website at www.pameganslaw.state.pa.us

The notification process takes place as follows: The State Police are required to notify the chief law enforcement officer of the police department of the municipality in which the Sexually Violent Predator resides. That officer is required to notify the College President, by providing a copy of the community notification flyer, if the Sexually Violent Predator lives within 1,000 feet of the College, or is enrolled as a student or is employed at the College.

For further clarification on what constitutes sexual offenses under the Pennsylvania Criminal Code and for information on registered Sexually Violent Offenders and Sexually Violent Predators, please go to the state’s Megan’s Law website at www.pameganslaw.state.pa.us

Procedure

The following procedure will be followed when the College receives a Community Notification under Megan's Law with respect to Sexually Violent Predators or an out-of-state offender required to submit to community notification in their state of origin, regardless of whether or not the offender is classified as a Sexually Violent Predator.

  1. The President will receive a copy of the community notification flyer and distribute hard copies (not electronic) to:
    1. Vice President of Student Affairs
    2. Vice President for Administration and Finance
    3. Vice President for Academic Affairs
    4. Director of Campus Safety and Security
    5. Director of the Children's Center
    6. Director of the Dental Hygiene Clinic

    Recipients will sign off, verifying receipt of the Community Notification.

  2. The Director of the Children’s Center will notify staff for awareness. The notification shall not be posted in a public area within the Children’s Center.
  3. The Director of the Dental Hygiene Clinic will notify staff for awareness. The notification shall not be posted in a public area within the Dental Hygiene Clinic.
  4. The Vice President for Academic Affairs will notify the deans and others on campus who are responsible for programs that involve minor children, as needed.
  5. The Vice President for Administration and Finance will notify the Executive Director of Human Resources, if the notification involves an employee.
  6. If the Sexually Violent Predator for which the College receives notification is a student, the Chief Student Affairs Officer (or designee) will meet with the student to:
    1. Inform the student that the College has received the notification.
    2. Inform the student that it is the responsibility of the College, under state law, to provide notice regarding his or her presence to a significant number of individuals affiliated with the College.
    3. Inform the student that the college community is not limited to college-aged postsecondary students.
    4. Set the general expectation that the student remain in the general area his or her classes are located and avoid areas where minors are located.

    The student may not be interrogated at this meeting, nor can a student’s access to campus facilities and/or activities be outright limited.

  7. If the Sexually Violent Predator for which the College receives notification is an employee, the Executive Director of Human Resources will meet with the employee to:
    1. Inform the employee that the College has received the notification.
    2. Inform the employee that it is the responsibility of the College, under state law, to provide notice regarding his or her presence to a significant number of individuals affiliated with the College.
    3. Inform the employee that the college community is not limited to college-aged postsecondary students.
    4. Set the general expectation that the employee remain in the general area his or her work station is located and avoid areas where minors are located.

    If the College determines that it is necessary to reassign an employee to an area that is removed from minors, the College has the right to do so.

  8. The Director of Campus Safety and Security will disseminate the information to Campus Safety officers for awareness purposes only.

None of the above notification processes can take place electronically. Such notification is subject to disciplinary action.

If the Sexually Violent Predator appears in an area on campus during children’s programming without a legitimate purpose or otherwise creates concern for the safety of children, Campus Safety and Security shall be notified. Once notified, Campus Safety and Security shall then notify local law enforcement.

 

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