1.0 Purpose
To address the admission and/or enrollment of registered sex offenders in a manner consistent with Virginia Community College System policies.
2.0 History
Section 23-2.2:1 of the Code of Virginia requires that the VCCS send enrollment information to the Virginia State Police concerning applicants to institutions of higher education. This information is transmitted electronically and compared against the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry. Language on the Web application informs applicants that their information is being transmitted to the State Police. In the event that the State Police determine that an applicant to Blue Ridge Community College (BRCC) is listed on the Sex Offender Registry, the State Police will notify the College. Occasionally, the College discovers through other means that an already enrolled student is on the Sexual Offender Registry as well.
3.0 Applicability
This policy applies to all persons who apply to the College, and/or who are currently enrolled, and are identified as convicted sex offenders as determined by section 23-2.2:1 of the Code of Virginia.
4.0 Policy
Blue Ridge Community College reserves the right to deny, or revoke the admission of, convicted sex offenders in accordance with the following admission policy as published in the College catalog:
The College reserves the right to evaluate and document special cases and to refuse admission if the College determines that the applicant is a threat or a potential danger to the College community or if such refusal is considered to be in the best interest of the College. Students whose admission is revoked after enrollment must be given due process.
5.0 Definitions
Registered sex offender: A convicted sex offender is defined as a person listed on the Virginia Criminal Information Network and/or the National Crime Information Center Convicted Sexual Offender registry.
Appeal Committee: The Appeal Committee is a committee created consistent with the Blue Ridge Community College Disciplinary Guidelines and Procedures Policy outlined in the College Catalog. The Committee is comprised of a panel of five (5) individuals, appointed by the President: Two teaching faculty members, one administrative faculty member, once classified staff person, and one student. The Appeal Committee will determine whether to uphold the administrative decision of the Vice President of Instruction and Student Services in regard to the denial of admission or dismissal of a currently enrolled convicted sex offender on the basis that he or she presents a threat or a potential danger to the College community. All members of the committee will sign a statement agreeing to hold confidential all information reviewed and discussed in the appeals process related to the sex offender.
6.0 Responsibilities
The College reserves the right to deny, or revoke, admission of a convicted sex offender upon notification by local authority as designated by State Police or after being made aware of an offender’s status by other means and confirmed through the listing on the State Sex Offender Registry. The College reserves the right to evaluate and document special cases and to refuse or revoke admission if the College determines that the convicted sex offender is a threat or a potential danger to the College community or if such refusal is considered to be in the best interest of the College.
Students whose admission is revoked after enrollment must be notified of the right to an appeal process and provided due process.
Consistent with the College statement on Disciplinary Guidelines and Procedures, the Vice President of Instruction and Student Services will be responsible for determining whether the presence or continued presence of any person on campus poses a serious threat to the well-being or safety of college personnel, college students, or to the property or operation of the College and its functions. The President of the College may further designate any other College official to administer the policy as appropriate.
7.0 Procedures
- Notification that a Registered Sexual Offender has applied to, or is currently enrolled at the College, shall be directed to the Vice President of Instruction and Student Services.
- Upon notification that the applicant or enrolled student is a registered sex offender, The Vice President shall determine whether the admission or enrollment of the individual poses a serious threat to college personnel, students, or to the property or operation of the College and its functions. If such determination is made, a service indicator will be placed on the applicant’s Student Information System (SIS) record which will prevent the applicant from registering for classes.
- The convicted sex offender applicant will receive written notification at the address of record listed in the student information system that admission to, or continued enrollment at, the College has been denied based on his/her listing on the sex offender registry. The written notification will detail the procedures for due process and will provide the applicant explicit instructions on the appeal process. The individual is required to initiate the appeal process within fifteen (15) business days of mailing of the notification by the College. Failure by the convicted sex offender to follow the appeal process within fifteen (15) business days of the notification from the College will forfeit his/her right to appeal.
- The convicted sex offender who becomes an enrolled student prior to the College’s notification of the individual’s convicted sex offender status will receive written notification at the home address listed in the student information system. The written notification will require the individual to initiate the appeals process within fifteen (15) business days of the notification by the College in order to receive consideration to remain enrolled. The individual will remain provisionally enrolled pending the outcome of the appeal process. Failure by the convicted sex offender to follow the appeals process within fifteen (15) business days of the notification from the College will result in written notice of administrative withdrawal of all current and future classes at the College, revoked admission for future semesters, and forfeiture of the individual’s right to appeal.
- Appeal process for denial of admission or withdrawal for convicted sex offender:
- When an applicant or withdrawn student receives a certified letter from the Vice President of Instruction and Student Services denying admission or continued enrollment, the student may request an appeal hearing. A written request for a hearing must be made to the Vice President of Instruction and Student Services before the fifteenth business day following mailing of the certified letter which describes the administrative disposition. The student’s appeal letter must contain:
- A formal request for an appeal
- The disclosure of the nature of the offense for which the person has been convicted and place on the Sex Offender Registry.
- Justification for consideration of admission, reinstatement, or continued enrollment.
- A statement acknowledging the individual’s understanding that his/her identity and status as a convicted sex offender will be publicized within the College community in accordance with federal and state law if admitted or reinstated.
- In accordance with the Federal Campus Sex Crimes Prevention Act, the BRCC College community will be advised of any known sex offenders attending, working or volunteering at the College and that the following site may be accessed to obtain information on registered sex offenders: www.vsp.state.va.us . This site, maintained by the Virginia State Police, provides information about registered sex offenders within the geographical area served by Blue Ridge Community College (as well as anywhere in Virginia).
- Upon receipt of a request for appeal, within the required fifteen (15) business days of notification, the President will select the Appeals Committee as outlined in the Disciplinary Guidelines and Procedures section of the College Catalog. The purpose of the hearing will be to determine whether to uphold the administrative decision of the Vice President or other disciplinary designee based upon whether the convicted sex offender is a threat or a potential danger to the College community. If the appeal committee determines that the convicted sex offender presents a threat or potential danger to the College community, denial of admission to the College will be permanent. If the convicted sex offender is currently enrolled, and the appeal committee determines that the individual is a threat or potential danger to the College community, he/she will be administratively withdrawn from classes, will receive a refund, and will be denied future admission/enrollment to the College.
- The appeal committee will follow the procedure outlined in the College catalog and review the information submitted. The decision of a simple majority of the members of the committee shall be submitted as the final decision of the committee. The decision of the committee is final and binding. Consistent with the procedure outlined in the catalog, the chairperson designated by the President will serve as the convener of the panel. The Vice President of Instruction and Student Services will inform the convicted sex offender of the committee decision by sending a certified letter to the address of record indicated in SIS.
- When an applicant or withdrawn student receives a certified letter from the Vice President of Instruction and Student Services denying admission or continued enrollment, the student may request an appeal hearing. A written request for a hearing must be made to the Vice President of Instruction and Student Services before the fifteenth business day following mailing of the certified letter which describes the administrative disposition. The student’s appeal letter must contain:
8.0 Sanctions
Failure to comply with the terms of this policy will forfeit the right to appeal the denial of admission or enrollment at the College.
9.0 Interpretation
Authority for interpretation of this policy rests with the Vice President of Instruction and Student Services
10.0 Authority/Reference
Approved by BRCC Local Board January 14, 2009
Section 23-2.2:1 of the Code of Virginia
Reference: VCCS policies related to admission of registered sex offenders:
Lord Fairfax Community College: Registered Sex Offender Draft Policy document dated 08-22-08.
New River Community College Policy related to legislation regarding admissions: www2.nr.edu/students/la.asp Retrieved 12/17/2007.
Germanna Community College Policy: Admission of Registered Sex Offenders. Draft document dated 08-15-07.