Campus Sex Crimes Prevention Act
Information about Registered Sex Offender Students and Employees
On October 5, 2002 the U.S. Department of Justice published final Guidelines for the Campus Sex Crimes Prevention Act (CSCPA), Pub. L. 106-386, div. B, §1601. The following questions and answers are designed to inform TAMUS clients about the new law, which became effective on October 28, 2002.
What did the CSCPA do?
- The CSCPA added a new subsection to the Wetterling Act—the federal law dealing with state registration of sex offenders—requiring states to obtain information about enrollment or employment of registered sex offenders at institutions of higher education, and to provide that information to campus police departments or other appropriate law enforcement agencies.
- It requires the universities to provide notice to the campus community of where they can obtain information identifying registered sex offenders who are enrolled or employed at the institution. This could include the university police department, a local police department having jurisdiction over a campus, or an Internet site. It does NOT require the university to gather the information or make inquiries of students, prospective students, employees, or applicants for employment.
- A provision was added to FERPA specifying that FERPA does not prevent a university from disclosing information provided to it under the Wetterling Act concerning registered sex offenders, including personally identifiable, non-directory information from education records that is disclosed without prior consent. For additional information on this, go to the Family Policy Compliance Office Guidelines: Disclosure of Education Records Concerning Registered Sex Offenders.
What is a university now required to do about information on registered sex offenders who are enrolled at or employed by the university?
Under the CSCPA, information identifying registered sex offenders must be provided to the campus police department or other appropriate law enforcement agency by the state. The university must take steps to advise the campus community where information can be obtained, and must make the information available to members of the campus community by some means.
Does this mean the university must ask students or applicants whether or not they are registered sex offenders?
NO. It is the job of the state agency that is charged with enforcing the federal laws on sex offender registration programs to obtain the information and provide it to the university. In Texas that is the job of the Texas Department of Public Safety. There is no requirement that the university ask registrants or prospective employees about the information.
How will the information be obtained?
The following is the procedure adopted by the Department of Public Safety.
Notification of Enrollment at or Employment by Institutions of Higher Education
Any registered offender who is enrolled as a student of any university, college, community college, or other institution of higher education, or is, with or without compensation, a full-time or part-time employee of that university, college, community college, or other institution of higher education, or is carrying on a vocation at the university, college, community college, or other institution of higher education, shall report their status as an employee, student, or carrying on a vocation to their local law enforcement authority in the area for which they establish residence within this state.
Upon receipt of this information, the local law enforcement authority shall forward this information to the Department of Public Safety and provide notice to the Campus Police or local law enforcement authority in the jurisdiction where the institution is located, of the fact that this person is a registered sex offender and is employed; a student; or carrying on a vocation within their institution.
The registrant shall notify the local law enforcement authority in the area for which they established residence within this state when ceasing to be employed, enrolled as a student, or carrying on a vocation, at the university, college, community college, or other institution of higher education.
Upon receipt of this information, the local law enforcement authority shall forward this information to the Department of Public Safety and provide notice to the Campus Police or local law enforcement authority in the jurisdiction where the institution is located, of the fact that this registered sex offender has ceased employment; enrollment as a student; or carrying on a vocation within their institution.
